Issue: July/August 2022

ET – evidence from abroad

July/August 2022 | Employment

The presidents of the employment tribunals in England and Wales and in Scotland have issued presidential guidance on witnesses giving oral evidence from abroad following the decision in Agbabiaka [2021]. In this case, the Upper Tribunal (Immigration and Asylum Chamber) held that when a witness is to give evidence from abroad, the country where the …

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Eviction and termination – overview

July/August 2022 | Landlord and tenant – residential

The article referred to above contains a useful overview of the current position on eviction and termination of tenancies. The starting point is the Protection from Eviction Act 1977, which makes it an offence to evict an occupier of residential property without a court order. The 1977 Act only applies to those occupying under a …

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Covid data – review

July/August 2022 | Commercial

The Information Commissioner’s Office (ICO) has set out some important guidance, which employers and their advisers should read, relating to the use of personal information. Employers had to react quickly to the unprecedented challenges posed by the pandemic to keep staff and customers safe. As the government has now relaxed Covid measures, employers must take …

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Training – harassment

July/August 2022 | Employment

The EAT has heard an interesting case involving harassment, which occurs when someone subjects another person to unwanted conduct relating to a protected characteristic that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. In deciding whether the conduct has that effect, a tribunal must …

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Email – service

July/August 2022 | Procedure

The HC has heard a case involving judicial review, which considered the question of the service of the claim form (and any consequential need for an extension of time) and the matter of jurisdiction, which we will not mention further. The claimant, who is a Kenyan national, enrolled on the defendant’s DBA programme and commenced …

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Bounce back loan – fraud

July/August 2022 | Commercial

During the pandemic the government hastily introduced the Bounce Back Loan Scheme (BBLS), which was designed to enable businesses to access finance more quickly during the coronavirus outbreak. BBLS was available through a range of accredited lenders and partners, and provided financial support to businesses across the UK that: were losing revenue, and seeing their …

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Unfair dismissal – disability discrimination

July/August 2022 | Employment

Most employers understand that they have a duty to make reasonable adjustments for those employees who are disabled within the meaning of the Equality Act 2010. However, what is reasonable is often difficult territory to navigate. In a recent case, the EAT considered whether an extension of time to appeal against a dismissal was a …

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Roof extension – JR fails

July/August 2022 | Procedure

Since the relaxation of the planning laws making it easier to extend a building at roof level, those in management companies, property development and the practitioners advising them will read this case with interest; it is unlikely to be the last. The claimant brought the claim for judicial review of a decision by the London …

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RPI changes – challenged

July/August 2022 | Commercial

The Retail Prices Index (RPI) is the oldest measure of consumer prices in the UK and is used widely across the economy and in financial contracts. The government’s view is that it has a number of shortcomings, meaning that it has at times greatly overestimated, and at other times underestimated, the rate of inflation. The …

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ET – case transcripts

July/August 2022 | Employment

The Employment Tribunal Rules of Procedure 2013 make no provision for the recording of hearings nor give any right to apply for a transcript of a hearing, unlike the Civil Procedure Rules. This, together with the fact that most venues do not have the facility to record, has meant that ET hearings are not routinely …

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