The EAT has heard an appeal against striking out a claim after the claimant destroyed evidence. The case summary is as follows: ‘Practice and procedure – striking out – rule 37(1)(b) Employment Tribunal Rules 2013 The claimant had succeeded (in part) on her claims of sexual harassment, discrimination and victimisation. A hearing on remedy was …
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The EAT has heard a case involving striking out after the claimant failed to comply with an unless order. The case summary is as follows: ‘Practice and procedure The Employment Tribunal (“the ET”) made an unless order against the Appellant on 2 November 2020. On 15 January 2021 notice confirming that it had not been …
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The EAT has heard a case where it had to consider whether the respondent was entitled to a review of the rule 3(10) judge’s decision on the basis that a new point had arisen at the EAT which had not been run below. The case summary is as follows: ‘Practice and procedure The claimants were …
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The EAT has heard a case relating to its new powers to extend time. The case summary is as follows: ‘PRACTICE AND PROCEDURE, JURISDICTIONAL/TIME POINTS The 2023 amendment of the EAT Rules introduced a new power for the EAT to extend time where a minor error to submit relevant documents with the Notice of Appeal …
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The EAT has heard a case involving territorial jurisdiction in relation to the ERA 1996 and Equality Act 2010. While it is fair to say that most employees will not be working on super-yachts, the comments of the EAT in relation to territorial jurisdiction are interesting. The case summary is as follows: ‘JURISDICTION; territorial jurisdiction; …
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The EAT has heard an interesting case regarding ‘provision, criterion and practice’ (PCP) under the Equality Act 2010. The case summary is as follows: ‘DISABILITY DISCRIMINATION Where a disability places an employee at the substantial disadvantage that they cannot continue in their present job, and are at risk of imminent dismissal, there is no rule …
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Following on from the above case, the CAB provides a helpful summary as to the term ‘provision, criterion and practice’ as follows: ‘The Equality Act uses a technical term: “provision, criterion or practice”. This slightly odd term is used deliberately to cover rules, policies, practices or requirements – formal or informal, written or unwritten. This …
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The EAT has heard a case regarding parental leave, which opens with the following interesting statement from the judge: ‘An employee is protected against being dismissed because s/he took parental leave. An employee is also protected if s/he “sought” to take parental leave. Well, at least, in broad terms. The provisions are something of a …
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