Unfair Dismissal - Reason for dismissal including substantial other reason Appeal on grounds that Tribunal had no evidence in front of it to make the findings that it did. EAT held the Employment Tribunal did not err in upholding the employee’s automatically unfair dismissal claim, yet awarding him no compensation as dismissal was inevitable. Nor did it err in dismissing his ordinary unfair dismissal claim or in rejecting his race discrimination claim.
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A colour-blind graduate whose application to join the police was turned down because he suffers from colour vision abnormality has won the right to claim sex discrimination at an employment tribunal. Robin Dixon (26) has already lost a disability discrimination claim against Strathclyde Police because of his colour blindness. But now, following a preliminary hearing, he has won the right to fight his case again, this time on the grounds of sex discrimination. The Glasgow tribunal rule ...
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A 16-year-old boy who didn’t show up for a job interview because he couldn’t find his way to the company’s office, has had his age discrimination claim rejected by an Employment Tribunal in Glasgow. In their written judgement, the Tribunal ruled that Darren Mirren had not been offered a job with Spotless Commercial Cleaning because he failed to turn up for an interview, not because of his age. At the Hearing earlier this month (August), it was learned that the teenager&# ...
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A worker with a debt collection agency who claimed he was harassed because of his age has been awarded almost £400 compensation for injury to his feelings by an employment tribunal.Joe McGee (62), who was a debt recovery operator with Wescot Credit Services Ltd, complained of age discrimination under the Employment Equality (Age) Regulations after his line manager William Fox noted ''Ambition is not a motivation for Joe (due to age)'' following a performance review. It is one of the first c ...
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The Employment Appeal Tribunal has found that where an employee of French nationality worked for a French registered company in Paris for 3 years followed by a further 2 years in London and alleged a course of sex discrimination extending across the whole 5 year period, the Employment Tribunal in the UK ought not to have heard the aspects of the claim relating to the French employment. The Sex Discrimination Act 1975 provides that it is unlawful for an employer to discriminate against a woma ...
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Practice and Procedure - Appearance/Response A company director who signed a form ET3 on behalf of his company could not complain that he personally had been unaware of the proceedings.
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Statutory Discipline and Grievance Procedures - Whether applicable The statutory grievance procedures are inapplicable where the dispute results in the employee’s dismissal.
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Practice and Procedure - Review A case management order was made precluding the respondent from relying upon documents which it had not previously disclosed to the claimant. At the Hearing which the Claimant did not attend, he having emigrated, documents were relied on by the respondent which had not been disclosed to the claimant. This was a material irregularity. From the limited nature of the appeal which was against the refusal to review, application for review succeeded and the ...
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Equal Pay Act - Case management Multiple equal pay claims - Lead cases - Problem caused by possibility that jobs done by lead Claimants or their comparators might have materially changed over the claim period - Held that it was a proper exercise of the Chairman's discretion initially to limit the experts' consideration to the facts as they stood at the date that the claims were presented and to defer consideration of the issues that might arise if it were subsequently alleged that the facts ha ...
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Unfair Dismissal - Automatically unfair reasons The employee claimed that she had been dismissed for making protected disclosures and that her dismissal was unfair under s98A(1) and 98(4) of the Employment Rights Act 1996 (ERA). She failed on protected disclosure; the dismissal was unfair under s98A(1) but if a proper procedure had been followed, she would have been dismissed fairly for misconduct; she was entitled to a basic award. On appeal held:- 1. The Empl ...
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