WORKING TIME REGULATIONS - Holiday Pay Entitlement to minimum paid holiday leave can be subject to fairly operated statutory or contractual notice requirements to an employer.
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Disability Discrimination - Justification The Appellant alleged that the Tribunal had misdirected itself on the issue of justification in a disability discrimination case and had asked whether the employer’s decision was rational, in the sense of perverse, rather than within the range of reasonable responses as laid down in Jones v Post Office [2001] ICR 805. EAT held that as a matter of construction of the decision, the Tribunal did not fall into this error.
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Unfair Dismissal - Constructive dismissal The Claimant was employed by the Respondent in a position involving child protection. He failed to comply with procedures laid down by the Respondent and the Respondent therefore laid down certain performance requirements which the Employment Tribunal considered were put in place to ensure the Claimant’s further compliance with proper procedures. In those circumstances the EAT reversed the finding of the majority of the Employment Tribunal that t ...
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Unfair Dismissal - Constructive dismissal The Claimant’s appeals against the Employment Tribunal’s conclusions on the issues of constructive dismissal and four specific allegations of discrimination on the grounds of race failed on the facts. The Employment Tribunal had adequately set out the facts it found and explained the reasons for its findings.
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Transfer of Undertakings - Consultation and other information In regulation 13 of TUPE the “affected employees” whose representatives the employer must inform and consult about a relevant transfer are those who will be or may be transferred, those whose jobs are in jeopardy by reason of the proposed transfer, and those who have internal job applications pending at the time of transfer. The definition does not extend to everyone in the workforce who might apply in the future fo ...
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Disability Discrimination - Reasonable adjustments This is an appeal which considered that a move to a different store could amount to a reasonable adjustment. In considering harassment it is important to consider the effect on the alleged victim irrespective of the motive of the harasser.
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Unfair Dismissal - Constructive dismissal This is an appeal which established that pregnant workers are not automatically entitled to a work risk assessment under Regulation 16 of the Management of Health and Safety at Work Regulations 1999 in the absence of evidence that the work involves a risk to the health and safety of the expectant mother.
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Practice and Procedure - Application/Claim ET1, presented on the last day before time bar, stated a claim for unfair dismissal. Date of termination of employment specified but not start date. Employment Tribunal rejected claim and refused review. Appeal upheld. Tribunal ought to have accepted the claim; it was not open to it to conclude that it was clear that it did not have power to consider the claim. Also, it could be inferred that claimant’s position was that he had been ...
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Race Discrimination - Inferring discrimination There was a claim for breach of contract by failing to pay notice pay. The ET encouraged the parties to settle this outside the hearing but then failed to incorporate the agreement in the final order as there was a dispute over the correct amount to be paid. This ground of appeal was agreed. The remaining claim of perversity in failing to infer race discrimination was dismissed. The Appellant failed to satisfy Yeboah v Crofton [ ...
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Unfair Dismissal - Reasonableness of dismissal Gross Misconduct raises a mixed question of law and fact; as a matter of law it connotes either deliberate wrongdoing or gross negligence; Wilson v Racher applied. An employment tribunal does not necessarily substitute its own judgment for that of the employer by making findings of fact as to matters not dealt with by the internal disciplinary hearing; Small v London Ambulance Service considered. It is a misdirection in law for the employme ...
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