By Daniel Gorry on 01/03/2007 00:00
A policy preventing police officers in a partnership from working together in a supervisor/subordinate role had an adverse impact on women since men outnumbered women by 3 to 1. But the policy was justified by the need to ensure actual and apparent orrectness in working relationships.
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By Daniel Gorry on 28/02/2007 00:00
The Employment Tribunal failed to consider statutory guidance for the dismissal of a teaching assistant. The case would be remitted for re-hearing on this point to the same Employment Tribunal.
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By Daniel Gorry on 23/02/2007 00:00
Tribunal added a party to the proceedings as part of its determination of a preliminary issue, which it proceeded to determine against that party without having heard from that party as such, without notifying him that he might be a party, and in contradiction of the submissions made to it by both the parties before it. This was held procedurally flawed, and the case remitted to a fresh tribunal for re-determination.
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By Daniel Gorry on 23/02/2007 00:00
Tribunal failed to make key finding to discrimination case as to whether at the time of the interview the position was still vacant. Tribunal should have assessed damages on the basis of there being a loss of a chance. New hearing ordered due to faults in the fact finding process of the Tribunal in both the Remedies and Merits decision.
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By Daniel Gorry on 21/02/2007 00:00
ET said to have no jurisdiction because ET1 issued less than 28 days after a grievance had been submitted. However, S32(6) saved the decision they reached: nothing was obvious from the papers nor drawn to the Tribunal’s attention which meant they could have realised that that was the case. Appeal therefore dismissed.
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By Daniel Gorry on 20/02/2007 00:00
Practice and Procedure - Bias, misconduct and procedural irregularity
At a CMD and a PHR, a Tribunal Chairman decided that the claims to be heard would be of indirect discrimination on the grounds of race. During the course of evidence the full Tribunal itself indicated that a claim of direct discrimination could be heard. Although the Tribunal was not as a matter of jurisdiction precluded from raising this matter, in the circumstances it was unfair for it to be dealt with immediately given that the Respondent was unrepresented. The Tribunal further erred in faili ...
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By Daniel Gorry on 16/02/2007 00:00
Unfair Dismissal - Reason for dismissal including substantial other reason
Lord Chancellor but instead followed no procedure at all, disciplinary or otherwise. The reason was that she had been absent from her post in London for over 9 years, was now living in Wales, and delivered an invitation to return. Extensive grounds of appeal were reduced to two for full hearing: in relation to disclosure, and arguing that the Tribunal was obliged to apply s.98A(2) to hold the dismissal unfair. In particular, it was argued that the effective decision to dismiss was that of a thir ...
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By Daniel Gorry on 16/02/2007 00:00
In relation to both mutuality of obligation and control, EAT held that the ET Chairman fell into error. The appeal is allowed. I shall substitute a finding that the Claimant was not an employee of the agency; consequently he is unable to recover the wages which he plainly earned from the Insolvency Fund.
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By Daniel Gorry on 09/02/2007 00:00
Circumstances in which appeal dismissed when appellant failed to attend hearing. Overall, the history showed a blatant disregard by the appellant of her obligation to keep track of the progress of her own appeal and it was considered that no good reason was advanced for granting the adjournment.
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By Daniel Gorry on 07/02/2007 00:00
Circumstances in which a claimant who had not appeared at the full hearing of his appeal before the Employment Appeal Tribunal sought and was granted review of order dismissing his appeal. Respondents’ application for expenses granted in part on grounds of unreasonable conduct by the claimant.
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