Sex Discrimination - Other losses Compensation for sex discrimination. Tribunal assessed future pension loss using the substantial loss method but without giving any credit in the overall loss assessment for pension benefits likely to be acquired in future employment. In addition there was a challenge to the loss referable to loss of private health insurance. Was the Tribunal entitled to use the method it did, and did it err in failing to give credit to future benefits? The EAT ans ...
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Unlawful Deduction from Wages Whether Maternity Leave policy incorporated into contract of employment. Whether sick pay is ‘remuneration’ s71 ERA. Whether entitled to sick pay whilst on maternity leave.
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Practice and Procedure - Striking-out/dismissal Respondent failed to present response in time and was accordingly debarred under rule 9 – Judgment given following Hearing at which Respondent not permitted to participate – Application for review disallowed because made purportedly under rule 33 not rule 34 Held: application should have been considered as an application under rule 34 - D & H Travel [2006] ICR 1537 followed - Observations on Chowles v West (UKEAT/0473/08)
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Transfer of Undertakings - Transfer Migrant Helpline, on behalf of the Home Office; had a contract with Churchill Dulwich Ltd – in Liquidation (‘CD’) by which CD provided accommodation to asylum seekers. Before that contract expired the Migrant Helpline entered into a replacement contract with Metropolitan Resources Centre Ltd (‘MRL) for such provision at a different location; CD received no more asylum seekers and had only a small number of asylum seekers who beca ...
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Practice and Procedure - Bias, misconduct and procedural irregularity Appeal allowed. The Tribunal erred in law in its approach to the questions to be determined for the purposes of section 98(4) of the Employment Rights Act 1996, effectively substituting its own views. The Tribunal did not, however, evince apparent bias.
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Jurisdictional Points The timeliness of a claim is logically prior to the ability to make a claim by reason of length of service. Thus it should be determined first and separately.
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Practice and Procedure - Time for appealing The Claimant was 2 months late in applying for a Rule 3(10) hearing expressing dissatisfaction with a Rule 3 opinion and the Registrar refused to extend time. He had instead applied to the Court of Appeal which rejected his application as he had not exhausted the EAT procedure. His appeal against the Registrar was exceptionally allowed in. His application to adduce fresh evidence was refused. His Notice of Appeal under Rule 3(10) had no prospect of s ...
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Equal Pay Act - Material factor defence and justification Male colleagues of female equal pay claimants may bring “piggyback” contingent claims using the female claimants as comparators and may recover sums equivalent to those awarded to such comparators by way of arrears.
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Equal Pay Act - Material factor defence and justification Male colleagues of female equal pay claimants may bring “piggyback” contingent claims using the female claimants as comparators and may recover sums equivalent to those awarded to such comparators by way of arrears.
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Equal Pay Act - Material factor defence and justification Male colleagues of female equal pay claimants may bring “piggyback” contingent claims using the female claimants as comparators and may recover sums equivalent to those awarded to such comparators by way of arrears.
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