Archives: Employment

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Section 146 – vs ECHR

May 2024 | Employment

The SC has handed down an important judgment relating to the interrelationship between trade union law and Article 11 of the ECHR (right to freedom of assembly and association). ‘Background to the Appeal The appellant, Ms Mercer, was employed as a support worker in the care sector by a care services provider, Alternative Futures Group …

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ET – recording proceedings

May 2024 | Employment

The EAT has heard a case involving the recording of ET proceedings. The appeal was against an ET judgment in which the appellant was not allowed to recording tribunal proceedings. ‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a 3-day preliminary hearing. The Employment Judge declined to grant the application as …

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PTSD – disability

May 2024 | Employment

The EAT has heard an interesting case regarding a failure by the ET to give sufficient weight to a medical report. The case summary is as follows: ‘Disability discrimination – disabled person – section 6 Equality Act 2010 Practice and procedure – deposit order – rule 39 schedule 1 of the Employment Tribunal (Constitution and …

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Unfair dismissal – health and safety

May 2024 | Employment

The EAT has heard an interesting case against the dismissal of the claimant’s claim of automatic unfair dismissal. Relevant facts The respondent’s business includes the sale and distribution of personal protective equipment (PPE). The claimant was employed from 8 May 2018 as a sales and project marketing co-ordinator. He lived five miles from his place …

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EAT – deposit order

April 2024 | Employment

The EAT has heard a case, the history of which it described as ‘very unusual’. The case involved claims of unfair dismissal based on a constructive dismissal claim and of discrimination arising out of the part-time worker status of the claimant. The claimant and respondent went through a fully contested hearing. However, that contested hearing …

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OU – gender critical beliefs

April 2024 | Employment

In a case which has hit the headlines, the ET considered a number of claims against the OU (including discrimination and harassment) from a professor who stated her gender critical beliefs. This is a controversial topic and one which all employers should consider carefully. The press summary is as follows: ‘1. The Claimant was employed …

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Redundancy – comparison to others

April 2024 | Employment

The EAT has heard a case involving an appeal against a finding of redundancy. The claimant scored the lowest result in comparison to colleagues and was made redundant. The claimant appealed his dismissal, asserting that the score was too low as the criteria used were completely subjective which rendered the dismissal procedurally unfair. The EAT …

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EAT – state immunity

April 2024 | Employment

The EAT has heard an interesting case in which it allowed an appeal against a decision that the ET had jurisdiction to hear the claimant’s claim despite the respondent claiming state immunity. The case summary is as follows: ‘Jurisdictional points – state immunity Having (through its then solicitors) accepted the jurisdiction of the Employment Tribunal …

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EAT – sexual harassment

April 2024 | Employment

The EAT has allowed an appeal by an employer and has remitted the case to a differently constituted ET for redetermination. The claimant was made redundant after two male managers visited her in the shop where she worked, asked her two female colleagues to leave and then told her in the basement of the shop …

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TUPE – discrimination claim

April 2024 | Employment

The EAT has heard an interesting case in which it held that liability for discrimination claims does not transfer when the party alleged to have carried out the discrimination transfers to another employer under TUPE. The case summary is as follows: ‘The Employment Tribunal upheld the claimant’s (C’s) claims for unfair constructive dismissal under the …

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