Practice and Procedure - Postponement or stay Appeal allowed against the refusal of an Employment Judge to postpone a two day hearing of a claim of unfair dismissal and race discrimination. The Employment Judge has failed to take into account that the reason for the request for a postponement was the absence abroad of the Respondent’s two key witnesses. Their absence might fatally harm the Respondent’s case.
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Disability Discrimination - Disability The Employment Judge correctly struck out the Claimant’s case as it was not reasonably arguable, on the evidence at a PHR, that the Claimant’s intolerance to temperatures below 27oC was a disability within the DDA 1995.
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Unlawful Deduction from Wages A deduction of £65,000 from untaxed bonus earnings of a trader indicated by the HMRC under threat of enforcement is an excepted deduction under Employment Rights Act 1996 s14(3), which applies not simply to formal determinations under PAYE Regulation 80 but to other decisions. The employer was bound to make the deduction which was authorised.
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Unfair Dismissal - Compensation The employee was unfairly constructively dismissed. She was entitled to a 6 month notice period that was not paid by the employees in that period, during some of which she received payments for temporary work from a different employer. The ET, applying Norton Tool and Burlo, did not give credit for those payments against compensation for loss of earnings in this notice period. The employers argued on appeal that the principle in Norton Tool had never been held to ...
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Contract of Employment - Written particulars In determining claims under a discretionary bonus scheme the Employment Judge erred in failing to decide whether the scheme had any contractual content and, if so, what. A claim for a bonus under a ‘substantially equivalent’ scheme on a TUPE transfer is for an unquantified amount and cannot be brought under the Employment Relations Act 1996 Section 23, unless Article 3(c) of the Employment Tribunals Extension of Jurisdiction (England and ...
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Statutory Discipline and Grievance Procedures A letter claiming redundancy payment and holiday pay as a contractual entitlement constitutes a grievance and a claim form seeking both should have been accepted.
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Transfer of Undertakings - Transfer This is a case regarding the application of the TUPE regulations and upon which party liability for a protective award should fall.
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Age Discrimination A partnership had a provision in the Partnership Agreement which required partners to resign at 65 (although they could be kept on by agreement). The claimant alleged that this was age discrimination. The Employment Tribunal found that although the provision constituted direct age discrimination, it was justified. In part this was found on an assumption that performance tails off at around this age. The claimant appealed on various grounds, and the Equality & Human Right ...
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Practice and Procedure - Appearance/Response A claim sent to Mr Anthony Charles (incorrect name of the Respondent) with two errors in the address was not pursuant to Rule 2 “sent to the Respondent” Mr Anthony Chowles. It is unlikely that a telephone call from an ACAS officer would constitute the sending of a claim form or notice of proceedings. A default Judgment cannot be reviewed under rule 34 and 35 but only under the less rigorous rule 33. Default and review judgments and award ...
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Race Discrimination - Inferring discrimination The Claimant was made redundant after being placed in a pool of one. He brought proceedings alleging race discrimination and victimisation. In finding for him the Tribunal assumed a hypothetical comparator of a different race but did not consider how such a comparator would have been treated. It merely assumed that because there was a hypothetical comparator the onus of proof had passed and then found the onus had not discharged. ...
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