By Daniel Gorry on 21/07/2008 12:19
Disability Discrimination - Disability The issue for the Employment Tribunal was whether the claimant had suffered from an impairment which had a substantial adverse effect on his day to day activities for over 12 months. He had answered a question by the respondent (pre-hearing) as to what precisely his disability was by saying that he suffered from “TB”. Expert medical evidence was that impairments attributable to tuberculosis alone would have lasted for less than 12 months ...
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By Daniel Gorry on 18/07/2008 12:10
Unfair Dismissal - Exclusions including worker/jurisdiction Triangular relationship. ET finding that worker was employed by neither agency nor end-user. Appeal against end-user finding dismissed. James v Greenwich Council (EAT and CA) applied.
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By Fiona Davidson on 16/07/2008 19:25
A ruling that Scottish gypsy travellers are not a separate ethnic group under the Race Relations Act is to be reconsidered by an employment tribunal. An Aberdeen tribunal ruled earlier this year that a complaint of victimisation was not allowed as anti-discrimination laws to prevent racial bias did not extend to Scottish gypsy travellers as they were not a separate ethnic group. Kenneth MacLennan had complained of racial discrimination, alleging he was victimised under the Race Relation ...
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By Fiona Davidson on 16/07/2008 18:57
A council debt adviser who claimed she was bullied, harassed and victimised by council officials and forced out of her job as a result has been ordered to pay £6,000 toward the authority's expenses in defending the action under Rule 40 Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2004.. Rona Rodger lost her sex discrimination, victimisation and constructive and unfair dismissal claims against North Ayrshire Council at an employment tribu ...
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By Daniel Gorry on 16/07/2008 12:14
Contract of Employment - Sick pay This is an appeal concerning entitlement to statutory sick pay. The Employer refused to pay SSP on the grounds that they believed the Claimant was working elsewhere. The Employer argues that the Tribunal has no jurisdiction to hear the claim and that the question of whether or not SSP should be paid here is one for the Benefits Agency to determine. The EAT held that there was no jurisdiction to hear the Claimant's claim.
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By Daniel Gorry on 16/07/2008 12:13
Contract of Employment - Implied Term/Variation/Construction of Term This appeal concerns a Statement of Particulars of employment relating to holiday entitlement and the inclusion of provision whereby shift worker’s holiday allowance of 23 days to be calculated on an hourly basis. Dispute over how many hours constitute a day. Appeal dismissed.
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By Daniel Gorry on 16/07/2008 12:12
Unfair Dismissal - Reasonableness of dismissal Claimant dismissed for gross misconduct in having taken taxi money without prior authority. Tribunal satisfied that dismissal was outwith the range of reasonable responses in whole circumstances which included that she had put the cost through her employers EPOS system so that it was evident who had taken the cash and what it had been taken for, that she would have clearly been entitled to bus fares (which would have fallen not f ...
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By Daniel Gorry on 16/07/2008 12:09
Jurisdictional Points - Extension of time: reasonably practicable The Employment Tribunal found that claims for unfair dismissal and disability discrimination, brought by the estate of a deceased employee, were out of time. They held that it was not reasonably practicable to present the claims in time, but that the wife of the claimant had not acted reasonably and promptly thereafter. Accordingly they held that the claim had not been put in within a reasonable period thereafter with resp ...
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By Daniel Gorry on 15/07/2008 12:26
Jurisdictional Points - Claim in time and effective date of termination Having correctly held that three of the Claimant’s four DDA claims were out of time, parity of reasoning made the fourth out of time as well, there being no continuing act for the Claimant to rely on. Judgment set aside.
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By Daniel Gorry on 15/07/2008 12:18
Unfair Dismissal - Contributory fault Unfair dismissal. Contribution and Polkey deduction. Challenge to ET findings of fact. Need for Chairman’s Notes of evidence. Findings by ET permissible. No error in law.
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