By Daniel Gorry on 31/10/2007 09:15
Religion or Belief The appellant was a Justice of the Peace. He sat on the Family Panel which, inter alia, places children for adoption. He objected to the possibility that he might be required to place a child with a same sex couple. The reason he gave was that he considered that there was insufficient evidence that this was in the child’s best interests and he felt that children should not be treated like guinea pigs in the name of politically correct legislation. He asked to b ...
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By Daniel Gorry on 30/10/2007 09:28
Unfair Dismissal - Reason for dismissal including substantial other reason The employee was dismissed, on the employers’ case as redundant in the course of a re-organisation. They relied on redundancy as their reason for dismissal. The employee’s claims that she had been unfairly dismissed and was the victim of discrimination, both historic and in the re-organisation, and other claims failed.On appeal the employee asserted (1) that the Tribunal erred in law in finding that th ...
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By Euan Dow on 29/10/2007 16:53
Unfair Dismissal - Compensation Claimant dismissed on grounds of redundancy. Offered alternative employment by Respondents but declined to accept it. Dismissal held to have been automatically unfair on account of Respondents’ failure to follow steps 1 and 2 of the statutory dismissal procedure (Employment Act 2002 Sch 2 part 1). No compensation awarded, however, since virtually certain that Claimant would have lost his job in any event i.e. 100% Polkey deduction. Tribunal’s decision uphe ...
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By Daniel Gorry on 29/10/2007 09:24
Contract of Employment - Mutual trust and confidence The Employment Tribunal correctly held that the Respondent company was liable for the acts of the Managing Director’s husband and so for the fundamental breach of term of trust and confidence caused by his acts. Judgment of Lindsay J (P) in Moores v Bude Stratton Town Council [2000] IRLR 676 applied.
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By Daniel Gorry on 25/10/2007 15:54
Practice and Procedure - Striking-out/dismissal Non – acceptance of response (form incomplete). Correct form sent in time, but Employment Tribunal declined to pay excess postage (Respondents franking machine missed envelope, in post). Review application rejected. Appeal against review decision allowed.
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By Daniel Gorry on 24/10/2007 15:45
Contract of Employment - Definition of employee The Employment Tribunal found that on the particular facts the Claimant, who had been supplied to the Respondent company through an agency, was employed under a contract of employment with the end user. Accordingly, he was entitled to pursue a claim for unfair dismissal. The end user appealed. The EAT held that the Tribunal had properly directed themselves that it was only appropriate to imply such a contract if it was necessary ...
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By Daniel Gorry on 23/10/2007 15:46
Religion or Belief Claimant brought a claim for direct and indirect discrimination on the grounds of his philosophical beliefs, and also victimisation discrimination. He was a Rastafarian and claimed that he had been discriminated against for that reason. It was accepted that this was a philosophical belief falling within the terms of the Employment Equality (Religion and Belief) Regulations. The Tribunal rejected all these claims. He appealed against the finding that t ...
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By Daniel Gorry on 23/10/2007 15:44
Working Time Regulations - Holiday pay The appellant claimed that rolled up holiday payments made by his employers could not be set off against his right to holiday pay conferred by the Working Time Regulations 1998. The Employment Tribunal held that this depended upon whether the payments were contractual and met the criteria of transparency and comprehensibility laid down by the ECJ in Robinson-Steele v R D Retail Services Limited [2006] ICR 932. The appeal turned on whether the c ...
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By Daniel Gorry on 22/10/2007 15:48
Redundancy - Collective consultation and information The Employment Tribunal made maximum protective awards for failure to consult properly over mass redundancies at the Ellington Colliery in Northumberland. The employers contended that the Tribunal had erred in its approach, which caused it to minimise the extent and nature of the consultation which had occurred. In particular, they contended that it had erred in its approach to special circumstances, and in fixing the appropriate ...
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By Daniel Gorry on 19/10/2007 10:29
Contract of Employment - Definition of employee Triangular relationship – whether ET entitled to conclude that there was to be implied a contract of employment between worker and end-user in light of the recent cases of Dacas; Muscat; and James v Greewich BC. The EAT held that they were despite some reservations about the adequacy of the reasons given. Conclusion by ET held to be correct and the factual matrix in this case clearly pointed towards the conclusion that there was an employme ...
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