Whistleblowing, race discrimination and victimisation: this was an appeal made by a medical practitioner who claimed he had suffered detriment as a result of his making protected disclosures. He also claimed race discrimination and victimisation for having made a complaint of race discrimination. The Claimant attempted to introduce new evidence in the appeal. The EAT dismissed the appeal and held: (1) that the ET correctly dismissed the whistleblowing (P ...
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Sex discrimination and victimisation claim: the first claimant was an Army officer against whom court-martial proceedings were brought, and subsequently dropped, and who was thereafter involved in prolonged proceedings under the Army’s greivance procedure. She alleged sex discrimination and victimisation. The second claimant was her defending officer in the court-martial proceedings and her assisting officer in the complaint proceedings. She claimed to have suffered adverse treatment ...
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Costs orders: This was an appeal against a wasted costs order in the sum of £7,313 made by Employment Judge Ash in the Norwich Employment Tribunal on 12 January 2010. The order was made against the Claimant's representatives, Godfrey Morgan Solicitors Ltd (“GM”). GM refused to represent the Claimant at tribunal and advised that he would have to pay them to instruct counsel. The Claimant was unable to afford this. He instructed GM ...
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Rights on Insolvency: The claimant was made redundant and soon afterwards the company which employed her was dissolved. The claimant claimed redundancy pay and notice pay from the Secretary of State under ss166 and 182 of the ERA 1996 which specify the circumstances in which claimants can bring claims when a company ceases trading. The Tribunal ruled that both payments should be awarded. The Secretary of State appealed against the payment for notice pay because s183(3), which sets out ...
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Bias, misconduct and procedural irregularity: The claimant was bringing claims of race discrimination, harassment, victimisation and unfair constructive dismissal. He was suffering from a depressive order which meant that he was unfit to attend the initial hearing which was adjourned for several months, the Tribunal acknowledging the stress of being at the hearing and agreeing to make adjustments to accommodate the claimant. The claimant's solicitors then asked that the Employment Jud ...
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Unfair Dismissal: The claimant was dismissed summarily following an investigation into his chairmanship of a rival company, in breach of his terms and conditions which included confidentiality and restraint clauses. He brought complaints of wrongful and unfair dismissal to the ET who upheld both claims, reducing the award by 75% for contributory fault but also decided that Polkey did not apply in this case. Further, they felt unable to say whether dismissal would have occurred fairly ...
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Contract of Employment: The claimant brought unfair dismissal proceedings against 2 respondents who she claimed were both her employers. The claimant had no documentary evidence as to the identity of her employer but the Tribunal’s decision as to the identity was eventually based upon a letter which was signed by the second respondent, saying that company documentation should have shown that the first respondent was the person doing the trading and that the second respondent use ...
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Reason for dismissal including substantial other reason: The claimant had brought claims of disability and race discrimination and unfair dismissal after being made redundant. The unfair dismissal claim succeeded but the claimant was awarded limited compensation because, according to the Tribunal, she had not engaged in the process of finding alternative work. At the time of meetings which were held to discuss her possible redundancy, the claimant was off sick and she did not attend t ...
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Claim in time and effective date of termination: The claimant was given 6 months notice of termination of her employment after she had worked at the respondent’s for 6 months. The notice period given meant that the effective date of termination resulted in her acquiring the 12 months continuous service required to bring a claim of unfair dismissal, which she did a couple of weeks before the notice period expired. The respondent then dismissed her summarily before the notice peri ...
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Working Time Regulations - Holiday pay: The claimant was off sick for the entirety of one pay year and was then dismissed on capability grounds. She had not requested any holiday during the time she was off sick and on termination of her employment the respondent refused to pay her for the accrued holiday pay. The Tribunal held that she was entitled to be paid for the annual leave which she had no opportunity to take in the year she was off sick. The respondent appealed, arguing that ...
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