Practice and Procedure - Costs Tribunal failed to make sufficient findings to support a costs order. Withdrawal of proceedings by itself was insufficient to warrant a costs order being made.
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Practice and Procedure - Amendment This is an appeal relating to allegations of bias. Claim of unfair dismissal by senior legal executive against local authority employer. Claim upheld and substantial award of compensation ordered. One of the Tribunal lay members was District Secretary of the RMT Trade Union and, at the time of all relevant hearings in the case, was involved in that capacity in a dispute with the Respondents regarding their licensing of taxi cabs. He had criticised the Responde ...
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Unfair Dismissal - Compensation In the Sheffield Forgemasters case, the claimant succeeded in claims for various types of disability discrimination against her former employer. In the Telindus case the claimant succeeded in a claim for unfair dismissal against her former employer. In both cases, the claimants claimed compensation for loss of future earnings in respect of periods when they were receiving incapacity benefit. The Employment Tribunal in each case held that receipt of disability be ...
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Jurisdictional Points - 2002 Act and pre-action requirements These appeals raise the issue what detail needs to be provided in an equal pay case when an employee raises a written grievance as required by the first step in the statutory standard grievance procedure set out in paragraph 6 of Schedule 2 to the Employment Act 2002. The EAT held that the information can be minimal and need state no more than that the claim is a claim under the Equal Pay Act (which was all the information in fa ...
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Jurisdictional Points - 2002 Act and pre-action requirements These appeals raise the issue what detail needs to be provided in an equal pay case when an employee raises a written grievance as required by the first step in the statutory standard grievance procedure set out in paragraph 6 of Schedule 2 to the Employment Act 2002. The EAT held that the information can be minimal and need state no more than that the claim is a claim under the Equal Pay Act (which was all the information in f ...
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Statutory Discipline and Grievance Procedures - Whether infringed The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had jurisdiction to hear their claims for constructive unfair dismissal. He did so, however, in part by treating an ET1 as constituting a grievance. That was contrary to the EAT decision in Gibbs t/a Jarlands Financial Services v Harris UKEAT/0023/07. The EAT held that notwithstanding thi ...
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Unfair Dismissal - Reasonableness of dismissal Majority view of Tribunal that the investigation was insufficient and dismissal was an impermissible sanction was incorrect in that they did not apply test of reasonable employers but imposed their own subjective view.
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Practice and Procedure - Costs If a Tribunal considers that the conduct of the proceedings by a party or his representative has been vexatious, abusive, disruptive or unreasonable, the Tribunal is under a duty to consider making an award of costs irrespective of the terms of the opposing party’s application, if any, provided that it is satisfied that the opposing party has incurred costs of at least the amount which it awards.
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Jurisdictional Points - Worker, employee or neither Tribunal found that Claimant was employed by end – user. On appeal, the Employment Appeal Tribunal held that the Tribunal had not applied the correct test in law (James v Greenwich London Borough Council [2008] ICR 545) and that on their findings in fact, the circumstances whereby the Claimant’s services were provided to the end- user were adequately explained by the express contractual arrangements. The Cla ...
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Unfair Dismissal - Constructive dismissal The claimant was employed by the respondent from 5 April 2006 until February 2007 when she resigned. She had been allowed to work for one day each week at her home until the respondent unilaterally required her to work solely at the Parish Office. The Employment Tribunal held that this was not a repudiatory breach and relied on the fact that there had been many other consensual changes to her contract. The claimant appealed. Issue was whether “t ...
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