Practice and Procedure - Review A review was ordered of a strike out for non pursuit of the claim. Notice was not given to the Claimant and she did not know of the review hearing where the strike out was affirmed. A further application for review of the review judgment was dismissed. Held: this was a cogent ground under Rule 34 and the review judgment was set aside and a rehearing ordered.
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Practice and Procedure - Bias, misconduct and procedural irregularity The Appellants are a large organisation offering employment advice and representation before Employment Tribunals and the Employment Appeal Tribunal. The same Employment Judge heard the cases of Mr Rees and others and Miss Malik against Peninsula. Shortly before the resumed hearing of the case of Mr Rees and others, the five partner firm of solicitors in which the then part time Employment Judge was an employment law special ...
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Practice and Procedure - Costs Following the setting aside of the Employment Tribunal Judgment on grounds of apparent bias, a wasted costs order was made in respect of the improper conduct of counsel which contributed to the irregularity in procedure.
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Jurisdictional Points - Extension of time: reasonably practicable In relation to the Claimant’s application for an extension for an out of time application for unfair dismissal, the Employment Judge (“EJ”) made a finding that the dismissal was on 21 December 2007 but that, although there was uncertainty prior to 8 February, the Claimant was on and after 8 February under the belief that he was dismissed on 8 February. The EJ found that the Claimant had that belief notwithstand ...
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Race Discrimination - Contract workers Leeds contracted with WN for WN to provide housing services. WN contracted with Leeds for a department of Leeds to provide housing services back to WN so that WN could discharge its contractual duty to Leeds. WN employed Claimant. WN supplied Claimant to Leeds. Leeds employed Mr Chapman. Pursuant to section 7 Race Relations Act 1976, Claimant was a contract worker of WN to Leeds as principal. Leeds was liable for any di ...
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Race Discrimination - Direct Claimant, of (northern) Sudanese ethnic origin, applied for promotion to role of “Sudan researcher” for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise its perceived impartiality (and thus its effectiveness) and would expose the Claimant (and those with her) to an increased safety risk when visiting Sudan or the camps in Eastern Chad – Claimant resigned and ...
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Practice and Procedure - Striking-out/dismissal Unless the Claimant’s contentions can be rejected without any evidence being heard, it is an error of law to strike out a case as having no reasonable prospects of success on the basis that it is unarguable. In the instant case, whilst it might be difficult for the Claimant to persuade a full tribunal that she had not been guilty of academic fraud and thus not committed acts of gross misconduct and that her dismissal owed nothing to h ...
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Sex Discrimination - Pregnancy and discrimination The Employment Tribunal upheld complaint of continuing course of conduct amounting to discrimination on grounds of pregnancy. On appeal, the employers sought to argue that the Employment Tribunal had misapplied the statutory requirement that discrimination must be “on the ground of” pregnancy. The Employment Tribunal found to have correctly stated and correctly applied the law to the facts found and appeal dismissed.
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Practice and Procedure - Amendment Application to amend claim to add a claim of victimisation was refused by the Employment Tribunal. This is an appeal against refusal on perversity grounds. Appeal refused.
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Unfair Dismissal - Reasonableness of dismissal The Tribunal erred in application of the Burchell test in a case where the claimant admitted misconduct. Tribunal rightly criticised an aspect of the disciplinary hearing (related to the right to be accompanied by a representative) but failed to take account of the whole circumstances including what happened after the hearing by way of communication between the claimant and respondents and at the appeal hearing.
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