Disability Discrimination - Reasonable adjustments This appeal concerns the extent of a Chief Constable’s duty of reasonable adjustments under the Disability Discrimination Act towards a serving police officer with chronic anxiety syndrome. The Employment Tribunal found that in the particular circumstances of the case it would have been reasonable (1) to swap the jobs being undertaken by the Claimant and another police constable in the circumstances; or alternatively (2) to medical ...
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Practice and Procedure - Case Management The Employment Tribunal refused to grant an adjournment to the Claimant who had claimed that he was not well enough to present his case. He appealed against that decision. Held – Dismissing the appeal, the Employment Tribunal was entitled to reach its decision especially as (a) the Claimant appeared at the hearing and according to the Tribunal presented his application “eloquently” with “no issue over his lack of capacity& ...
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Unfair Dismissal Whether liability for unfair dismissal of a teacher is transferred to LEA from defunct school Governing Body or whether LEA is directly liable to teacher for unfair dismissal. Answer: the former.
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Contract of Employment Employment tribunal was entitled to find that after the company employing her ran out of funds to pay wages, the Claimant had worked for the first respondent, the company’s managing director, personally.
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Unfair Dismissal - Reasonableness of dismissal Where an employee facing disciplinary proceedings is at the same time being investigated by the police the employer’s decision-maker has a wide discretion whether to continue or postpone the disciplinary hearing. In this case the decision to postpone could not be criticised as involving unjustifiable delay. An Employment Tribunal had confused lack of honest belief in misconduct with lack of reasonable grounds for such belief. Lack of honest ...
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Transfer of Undertakings - Service Provision Change When the NMC after competitive tender gave a new contract for future solicitors’ regulatory services to Capsticks, and none of the work in progress was handed over by Ward Hadaway, and no employee transferred, there was no service provision change under new TUPE 2006. Employment Tribunal Judgment upheld.
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Jurisdictional Points - Extension of time: reasonably practicable The Claimant was one day out of time in presenting her unfair dismissal claim. She knew the time limit and had been represented. The Employment Judge was entitled to find that her medical evidence as to the last three days was incredible, and to reject the contention that tribunal staff had wrongly advised her. It was reasonably practicable to present the claim in time.
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Unfair Dismissal - Constructive dismissal This is an appeal regarding a Yemeni Claimant who was the subject of serious allegations by a fellow-employee. The allegations were not substantiated. The Claimant resigned as a result of the employer’s hostility to his wish to pursue a grievance arising out of how the allegations against him and their aftermath were handled. The Tribunal held that the employer’s conduct constituted a fundamental breach of the Malik term and that there was s ...
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Jurisdictional Points - Worker, employee or neither The Employment Tribunal had rejected the Claimant’s claims on the basis that he was not an employee. On examination of the documents there was an employment relationship and the parties conducted themselves in accordance with it until after it ended. Employment Tribunal Judgment reversed.
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Jurisdictional Points - Extension of time: reasonably practicable The Claimant, a serving police officer had been granted anonymity at the Stockwell Tube inquest. He subsequently raised PIDA detriments in an in-time claim form, but on advice did not disclose his name or address, giving his Police Federation representative's. The claim was not accepted by the Secretary and the Regional Employment Judge for want of those details. At a PHR to determine whether a new claim was in ...
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