By Daniel Gorry on 29/02/2008 10:46
Jurisdictional Points - Extension of time: reasonably practicable Tribunal erred in its approach to determining whether it was reasonably practicable for the complaint to be presented in time.
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By Daniel Gorry on 29/02/2008 10:44
Race Discrimination - Inferring discrimination This is an appeal concerning whether the Tribunal erred in its approach to the shifting burden of proof and whether it was open to the Tribunal on the primary facts which it found to draw inferences of race discrimination. Whether it was open to the Tribunal on the primary facts which it found to conclude that the employee had been dismissed for a reason which related to his conduct – whether, on the assumption that the employee had been di ...
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By Daniel Gorry on 29/02/2008 10:41
Jurisdictional Points - Worker, employee or neither Employee was for a time also controlling shareholder; was he an employee during that period so as to be able to count the period in assessing continuity of employment? ET said no, and the EAT held that they had properly applied the relevant legal principles and were entitled to reach that decision. Was the Tribunal entitled to find that the reasonable notice period, in the absence of an express term, was one month only? In principle, y ...
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By Daniel Gorry on 28/02/2008 10:45
Working Time Regulations - Holiday pay Civil Aviation (Working Time) Regulations – whether the annual leave pay of airline pilots should be calculated by reference to their basic salary or their basic salary plus supplements (such as flying pay and the taxable element of the allowance which is paid to them when they are away from their base) so that they do not receive less when they are on annual leave than when they are working normally. Held that annual leave pay shouldn't simply be ...
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By Daniel Gorry on 28/02/2008 10:43
Disability Discrimination Date at which assessment of likelihood of effect of impairment lasting at least 12 months (DDA. Sch 1, para 2(1)(b); see also para 2(2)). Answer; at date of alleged discriminatory act; not date of ET hearing. See Richmond v MacDougall [2008] EWCA Civ 4, disapproving Greenwood v BA.
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By Daniel Gorry on 28/02/2008 10:42
Disability Discrimination - Disability related discrimination DDA reasonable adjustments – disability related discrimination - unfair dismissal. Statutory questions to be asked and answered by ET. Appeal allowed and remitted to fresh ET.
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By Daniel Gorry on 26/02/2008 10:39
Unfair Dismissal - Mitigation of loss Employee challenged the assessment of compensation. He submitted that the Tribunal had erred in its assessment of the Polkey reduction and its approach to mitigation. Moreover, its reasons had been deficient. EAT held that the Tribunal had not misdirected themselves in law, nor reached a perverse conclusion. The reasons were clear and adequate. Accordingly the appeal was dismissed.
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By Euan Dow on 25/02/2008 11:33
Interim Interdict:- The defender, a chartered surveyor, was employed by the pursuers from January 2002 until December 2007. During 2007 the defender expressed interest through a recruitment agency in obtaining employment with other employers. On 6 November 2007 CBRE e-mailed the defender an offer of employment. They negotiated over his salary and on 6 December 2007 CBRE sent the defender a revised offer which was accepted and signed on 14 December 2007. On 26 Novemberand 29 November 2007 the def ...
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By Daniel Gorry on 22/02/2008 12:37
Unfair Dismissal - Exclusions including worker/jurisdiction Tripartite agreement between a prisoner, the prison and the employer under which the prisoner was given a job placement by the employer pursuant to the resettlement scheme, which was designed to facilitate the rehabilitation of prisoners. The Tripartite agreement included a provision purporting to prevent the arrangement from giving rise to any legal consequences. The claimant alleged unfair dismissal. This depended upon w ...
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By Daniel Gorry on 22/02/2008 12:36
Practice and Procedure - Bias, misconduct and procedural irregularity Tribunal employment judge wrongly recused himself on the grounds of apparent bias. He then reconsidered the decision and decided to hear the case after all. The claimant appealed that decision and the EAT upheld that appeal. There were various procedural errors in that determination, including the fact that the decision should have been taken by the whole Tribunal. Moreover, the EAT concluded that in the light of subse ...
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