By Daniel Gorry on 31/03/2008 14:02
Redundancy - Protective award Dismissals without consultation when company placed in receivership - protective award made in favour of GMB trade union representing manual workers in respect of those employees “dismissed on 3 May or 5 May 2006” - held, that this award could not benefit manual workers, not members of the union, dismissed on other dates in May 2006, and that as matters stood such workers had no remedy against the Secretary of State; but that such workers could a ...
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By Daniel Gorry on 28/03/2008 09:54
Transfer of Undertakings - Transfer Relevant transfer - perversity - issue raised and not contested – not permitted to be re-opened on appeal.
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By Daniel Gorry on 27/03/2008 09:52
Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke There is no practical utility in hearing interim appeals against pre-hearing orders and bias when the EAT has already rejected or stayed 10, and a full hearing at the Employment Tribunal is under way at day 25 of 35. Allegations of bias should be considered at the end of the hearing R v. Abdroikof [2007] 1 WLR 2679 HL. One appeal rejected under Rule 3(10), two others adjourned, all 7 others stayed until 42 days after the Judgm ...
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By Daniel Gorry on 26/03/2008 09:56
Unfair Dismissal - Constructive dismissal ET correctly concluded that Appellant had been dismissed. However, no reason put forward in terms of s98 of the Employment Rights Act 1996. EAT substituted their own finding that the Appellant was unfairly dismissed and remitted the case to a different Tribunal to discuss remedy.
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By Daniel Gorry on 26/03/2008 09:53
Race Discrimination - Continuing act The correct approach to considering whether complaints about individual matters, prima facie out of time, can be coincided by the ET because they form part of a continuing act.
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By Daniel Gorry on 26/03/2008 09:53
Practice and Procedure - Costs The Tribunal did not give any or any adequate reasons on the questions whether (a) it took into account the ability of the appellant to pay, and (b) if so, how it did so. Even though it ordered detailed assessment the Tribunal retained a power to modify an order to take account of ability to pay, for example by limiting the order to a specified part of the costs or capping the amount. Rule 41(1) and (2) of the ETR 2004 considered.
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By Daniel Gorry on 20/03/2008 12:04
Practice and Procedure - Amendment Whether employee could competently claim in respect of non payment of employers’ pension contributions after he reached 60 years of age. Construction of regulation 24 of the Employment Equality (Age) Regulations 2006, which came into force re: claimant’s claim, on 1 December 2006. The Claimant was employed by the Respondents until 3 April 2006. He reached age 65 years on 4 April 2006 and sought to claim in respect of 5 years unpaid empl ...
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By Daniel Gorry on 19/03/2008 12:03
Jurisdictional Points - Sex Discrimination Can an employment tribunal make a declaration that the term of a collective agreement is void, pursuant to section 77 of the Sex Discrimination Act, at the behest of a claimant who can bring proceedings under the Equal Pay Act for breach of the equality clause, where if the claim succeeds, it necessarily involves a finding that the term was unlawfully discriminatory? The EAT held that they can.
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By Daniel Gorry on 19/03/2008 12:02
Disability Discrimination - Reasonable adjustments The Employment Tribunal found that there has been a failure to make a reasonable adjustment. The EAT held that the tribunal had misdirected itself in determining that question and remitted the case to a fresh tribunal.
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By Daniel Gorry on 19/03/2008 12:01
Practice and Procedure - Bias, misconduct and procedural irregularity Tribunal allowed amendment to add a sex discrimination claim to an existing unfair dismissal claim. The EAT upheld the appeal principally on the basis that the Tribunal had acted on the misapprehension that this was merely a change of label whereas it was not.
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