Disability Discrimination and Failure to Consult over Redeployment: In Scottish & Southern Energy v Mackay, the EAT confirmed the decision of Tarbuck that it was not open to argue than an employer who fails to investigate redeployment or reasonable adjustments is thereby immediately in breach of the DDA. It is necessary for the Claimant to go further and establish precisely what reasonable adjustments could have been made to retain him / her in the workplace.
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Statutory Grievance Procedure: In Lovett v Evans, the EAT held that the notwithstanding that an employers should be taken to have regard to the factual background against which a written grievance letter is sent, it goes too far to impute an employer with knowledge arising from a meeting occurring after the date the grievance letter was sent. On the facts a letter complaining of nosebleeds was insufficient to amount to a statutory grievance letter complaining of pregnancy discrimination notwiths ...
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Dismissed by reason of redundancy. Was the real reason redundancy or was it because the employee had made a protected disclosure? Analysis of Employment TribunalÆs reasoning. Appeal dismissed.
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Practice and Procedure - Striking-out/dismissal
Employment Tribunal refused several applications for an adjournment of the liability hearing because of the RespondentÆs illness and proceeded to find Respondent guilty of two acts of direct discrimination. At the remedies hearing the same Employment Tribunal found it would not be just and equitable to make an award of compensation because the Respondent was not able to be present at the hearing due to illness and struck out the claim: a clear error of law. Case remitted to a fresh Employment Tr ...
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When employee appealed successfully against a decision by her employer to dismiss her, did this mean that she had been continually employed up until successful appeal? Employment Tribunal said no. EAT said yes.
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Was the Employment Tribunal entitled to find that the conduct of the employer did not amount to a repudiatory breach? Tribunal held there was no constructive dismissal. EAT found that it was entitled so to conclude.
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Compensation Claim for loss of pension rights. Need for Employment Tribunal to explain the approach it adopted and the reasons for that decision.
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Lay member asked to recuse himself because he sat on PH in this case. Application refused. No appearance of bias. ET strike out order – no reasonable prospect of success. Misdirection as to test for instructive Unfair Dismissal. Was strike-out inappropria
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Disability Discrimination - Reasonable adjustments
The appellant was disabled. She was found to have been unfairly dismissed and the subject of three acts of disability discrimination. One of these was an alleged failure to consult which was treated as a failure to make a reasonable adjustment, following the decision of the EAT in Mid-Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566. She appealed on the grounds that the Tribunal ought to have identified further acts of disability discrimination. The employers cross appealed ...
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Employment Tribunal Chairman on a review revoked an order dismissing a claim on it being withdrawn and ordered the claim to be reinstated. Failure to consider Khan v Heywood and Middleton Primary Care Trust [2006] IRLR 345 which held that a withdrawal cannot be revoked. Appeal allowed. Claim dismissed.
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