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Claim Forms

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Could equal pay claims by female supermarket staff be 'based on the same set of facts’ where different claimants did different jobs and relied on different comparators? No, held the Court of Appeal in  Brierley v Asda Stores Limited . The...

Judicial Bias

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Did a comment by an Employment Judge to a representative that there was no need to lie suggest an appearance of bias? No, held the EAT, in  Balakumar v Imperial College of Health Care NHS Trust . The Claimant brought claims of discrimination and...

Employment Status

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Is the right to use a substitute consistent with employee status? Yes, held the EAT, in  Chatfeild-Roberts v Phillips & Universal Aunts Limited . The Claimant was a live-in carer for the first Respondent's uncle, who was described as ...

Continuity of Employment

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Was an employment tribunal entitled to draw an inference that two companies were associated in a case where a relevant director had failed to give evidence to the contrary? Yes, held the EAT in  SD (Aberdeen) v Wright . Mr Wright worked for an entity...

Anonymity Orders

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Does the employment tribunal have the power to remove judgments from the online register? No, held the EAT in  Ameyaw v PWC . A judgment following an open preliminary hearing was critical of Ms Ameyaw's behaviour at an earlier preliminary hearing....

New EAT Practice Direction 2018

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The Employment Appeal Tribunal has issued a new  Practice Direction (Employment Appeal Tribunal - Procedure) 2018 . The changes from the 2013 Practice Direction aren't huge, but practitioners do need to know them. The main ones are: •...

Terms and Conditions

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Does an employee have a right to a statement of employment particulars when employed for less than 2 months? Yes, if they have worked continuously for at least 1 month, held the EAT in  Stefanko and others v Maritime Hotel Ltd . The Claimants were all...

Age Discrimination

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Is the protection of older workers a legitimate aim which justifies discrimination against younger workers? Not without real evidence, held the Court of Appeal in  The Lord Chancellor v McCloud . There were two sets of Claimants, one of judges and...

Holiday Pay

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Can a worker's minimum holiday pay under EU law be reduced to reflect short-time working? No, held the CJEU in  Hein v Albert Holzkamm GmbH . The case arose from a construction worker in Germany working under a collective agreement which allowed...

Mr Justice Choudhury to be new President of EAT

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Mr Justice Choudhury to be new President of EAT The Ministry of Justice has announced the new President of the Employment Appeal Tribunal, whose three year term of office starts on 1 January 2019. Sir Akhlaq Choudhury was called to the Bar (Inner Temple)...

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