By Daniel Gorry on 21/12/2007 13:15
Contract of Employment - Wrongful dismissal The Chairman in error in finding employee had been dismissed. Employer accepted employee’s repudiatory conduct clearly showed an intention not to be bound by contract. Employer’s contract conditional upon references. These were not satisfactory. Contract discharged.
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By Daniel Gorry on 21/12/2007 13:13
Unfair Dismissal - Reasonableness of dismissal The criteria for selection of offer of new employment to potentially redundant employees.
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By Daniel Gorry on 21/12/2007 13:09
Transfer of Undertakings - Transfer C was employed by R1 but dismissed in contemplation of a transfer of its business to R2. He was awarded compensation for unfair dismissal and discrimination on the grounds of race in a claim against R1 and R2, R2 being liable by virtue of a TUPE transfer. C was never in the actual employment of R2.During the course of a remedies hearing R1 offered to provide an open reference. A reference to C’s satisfaction was not supplied and C brought proceedings alleging ...
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By Daniel Gorry on 21/12/2007 13:07
Unfair Dismissal - Exclusions including worker/jurisdiction The claimant, a lorry driver, worked mainly in Austria and Germany, but had a contract of employment with a company registered in England. The contract identified English law as the proper law and sought to confer exclusive jurisdiction on the English courts. The claimant lodged a number of claims in the Employment Tribunal for constructive unfair dismissal, failure to pay holiday pay, unlawful deductions from wages and breach of cont ...
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By Daniel Gorry on 20/12/2007 13:14
Practice and Procedure Whether Claimant complied with requirements of Section 32 of the Employment Act 2002 and paragraph 6, Schedule 2 of the Employment Act (Dispute Regulations) 2004.
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By Daniel Gorry on 20/12/2007 13:12
Unfair Dismissal - Reason for dismissal including substantial other reason The comparative exercise in race discrimination and victimisation claims. Application of the CRE Code of Practice. Applying the reverse burden of proof. No error in ET approach to capability unfair dismissal.
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By Daniel Gorry on 20/12/2007 13:11
Practice and Procedure - 2002 Act and pre-action requirements On the Claimant’s appeal, No error of law occurred when the Employment Tribunal uplifted the Claimant’s compensation for unfair dismissal by 30% for serious failure by the Respondent to follow the statutory procedures. The Employment Tribunal correctly held the reason was redundancy.
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By Daniel Gorry on 20/12/2007 13:08
Practice and Procedure - Bias, misconduct and procedural irregularity Appearance of bias in Employment Tribunal Judgment and Reasons. Withdrawal of claims later purportedly adjudicated on by Employment Tribunal. Sex discrimination on grounds of maternity leave. Written Particulars of Terms & Conditions of employment.
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By Daniel Gorry on 20/12/2007 13:05
Unfair Dismissal - Reasonableness of dismissal The employee, a school teacher, was subjected to a disciplinary procedure for alleged acts of misconduct of an inappropriate sexual nature with respect to his pupils. There was evidence that he might be suffering from some illness which could have explained his conduct. The employers resolved to refer the matter to Occupational Health to investigate the medical position but in fact dismissed him before that was done. The Tribunal ...
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By Daniel Gorry on 19/12/2007 16:38
Disability discrimination – Reasonable adjustments/JustificationHeld that it is not open to a Tribunal to hold that the obtaining of a medical report is required as a reasonable adjustment in the light of the recent Tarbuck case.
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