Fixed Term Regulations The Secretary of State for Children Schools and Families who employs teachers only in the European Schools may not claim as objective justification for imposing a 9 year fixed term rule on his employees, the existence of the rule in Staff Regulations adopted by the European Schools pursuant to a 1994 Statute.
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Race Discrimination - Victimisation Following a preliminary hearing in a case in which the Claimant had been successful in a claim that he had been unfairly dismissed but unsuccessful in claims that he had suffered racial discrimination and victimisation, and had sought to appeal, the appeal was dismissed.
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Practice and Procedure - Striking-out/dismissal The ET proposed to strike out the Claimant’s claims and sent a Rule 19(1) letter to that effect. The Claimant asked for an oral hearing. The Employment Judge declined and, after considering written submissions only, struck out the claims. It was conceded on appeal that the Employment Judge had, under Rule 18(6) and (7) no power to refuse an oral hearing; but the Respondents argued that, in reliance on Bache [2000] ICR 313 ...
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Working Time Regulations - Holiday pay The Employment Tribunal declined to stay a holiday pay claim made under Part II of the ERA (because it would have been out of time if made under WTR) until the House of Lords decided CIR v Ainsworth. The reason was that they doubted whether the issue as to whether such a claim could be made by that route, as opposed to the sick pay/holiday pay issue, was before the House of Lords. Held, on the employer’s unopposed appeal, that the former issue ...
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Race Discrimination - Direct Consent to appeal with controlled remission to fresh Employment Tribunal, given by Claimant at close of Respondent’s opening.
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Unfair Dismissal - Exclusions including worker/jurisdiction (1) Whether the Employment Tribunal failed to consider one of the bases on which the employee had alleged that she had been dismissed. (2) Whether the Employment Tribunal’s decision that changes in the employee’s terms and conditions of employment were not so fundamental as to amount to the termination of her contract of employment (Hogg v Dover College) was perverse.
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Jurisdictional Points - Claim in time and effective date of termination Claimant was suspended from duty as a teacher and entered into negotiations with Respondent for a compromise agreement whereby he would be compensated for termination of his employment. It was envisaged that under the agreement the parties would agree that his employment terminated on 31 October 2006. This was included in a preamble to a draft agreement that was never in fact agreed and was marked “withou ...
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Race Discrimination - Direct On application of Race Relations Act 1976 the Employment Tribunal did not err in rejecting the Claimant’s complaint that, in context, depiction of her as Mediterranean was unlawful discrimination. Employment Appeal Tribunal procedure on appeals explained.
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Race Discrimination - Direct Issues relating to s11 and s33 Race Relations Act 1976 correctly dealt with by a Tribunal on a striking-out application.
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Unfair Dismissal - Constructive dismissal The Employment Tribunal did not err when it dismissed the disabled Claimant’s claim that the Respondent unlawfully breached its duty to make reasonable adjustments when her made to measure office chair broke and, over 20 days pending repair, six substitutes were provided for her. The nature of the adjustment and the time it takes to put and keep it in place relate to reasonableness and are questions of fact. Observations on request for a transcri ...
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