By Daniel Gorry on 23/08/2007 00:00
Dismissed by reason of redundancy. Was the real reason redundancy or was it because the employee had made a protected disclosure? Analysis of Employment TribunalÆs reasoning. Appeal dismissed.
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By Daniel Gorry on 23/08/2007 00:00
Practice and Procedure - Striking-out/dismissal
Employment Tribunal refused several applications for an adjournment of the liability hearing because of the RespondentÆs illness and proceeded to find Respondent guilty of two acts of direct discrimination. At the remedies hearing the same Employment Tribunal found it would not be just and equitable to make an award of compensation because the Respondent was not able to be present at the hearing due to illness and struck out the claim: a clear error of law. Case remitted to a fresh Employment Tr ...
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By Daniel Gorry on 23/08/2007 00:00
When employee appealed successfully against a decision by her employer to dismiss her, did this mean that she had been continually employed up until successful appeal? Employment Tribunal said no. EAT said yes.
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By Daniel Gorry on 23/08/2007 00:00
Was the Employment Tribunal entitled to find that the conduct of the employer did not amount to a repudiatory breach? Tribunal held there was no constructive dismissal. EAT found that it was entitled so to conclude.
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By Daniel Gorry on 23/08/2007 00:00
Compensation Claim for loss of pension rights. Need for Employment Tribunal to explain the approach it adopted and the reasons for that decision.
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By Euan Dow on 23/08/2007 00:00
Appeal against a decision of the Employment Appeal
The appellant was employed by Smartex Limited from 28 October 2002 until 12 December 2003 when she entered the employment of the respondent. She resigned from that employment on 7 May 2004. She then lodged claims with the Employment Tribunal (ET) including the claim for unfair dismissal with which this appeal is concerned. The ET could entertain it only if there was a relevant transfer of her employment from Smartex to the respondent in terms of the Transfer of Undertakings (Protection of Employ ...
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By Daniel Gorry on 23/08/2007 00:00
Lay member asked to recuse himself because he sat on PH in this case. Application refused. No appearance of bias. ET strike out order – no reasonable prospect of success. Misdirection as to test for instructive Unfair Dismissal. Was strike-out inappropria
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By Daniel Gorry on 23/08/2007 00:00
Disability Discrimination - Reasonable adjustments
The appellant was disabled. She was found to have been unfairly dismissed and the subject of three acts of disability discrimination. One of these was an alleged failure to consult which was treated as a failure to make a reasonable adjustment, following the decision of the EAT in Mid-Staffordshire General Hospitals NHS Trust v Cambridge [2003] IRLR 566. She appealed on the grounds that the Tribunal ought to have identified further acts of disability discrimination. The employers cross appealed ...
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By Daniel Gorry on 23/08/2007 00:00
Employment Tribunal Chairman on a review revoked an order dismissing a claim on it being withdrawn and ordered the claim to be reinstated. Failure to consider Khan v Heywood and Middleton Primary Care Trust [2006] IRLR 345 which held that a withdrawal cannot be revoked. Appeal allowed. Claim dismissed.
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By Daniel Gorry on 23/08/2007 00:00
Sex and race discrimination. Was the Tribunal entitled to find that Claimant had established a prima facie case? If so, did it properly analyse the nature of the legal burden on the employer once the onus of proof had shifted? The Employment Appeals Tribunal (EAT) answered yes to the former and no to the latter. Observations on whether a Tribunal should indicate whether it is making a finding of conscious or unconscious discrimination.
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