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Employment Tribunal Fees - Refunds

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I have been asked to distribute the following information on behalf of the Employment Tribunals (England & Wales): "As you are probably aware, in advance of the Supreme Court’s judgment in the Unison case an undertaking was given to the Court...

Suspension is not a neutral act

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Did suspension of a teacher amount to a breach of the implied term of mutual trust and confidence? Yes, held the High Court in  Agoreyo v London Borough of Lambeth . In this case, a teacher was suspended because of the force she used with two children....

Suspension is not a neutral act

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Did suspension of a teacher amount to a breach of the implied term of mutual trust and confidence? Yes, held the High Court in  Agoreyo v London Borough of Lambeth . In this case, a teacher was suspended because of the force she used with two children....

Tribunal Procedure: Witness Orders

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Should an employment tribunal copy a witness order to the other side (tribunal practice is not to do so)? Yes, held the EAT (in almost all circumstances) in  Jones v Secretary of State for Business, Innovation and Skills. The Claimant was not legally...

Discrimination: Burden of Proof

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By s.136(2)  Equality Act 2010  there is a burden on the claimant to prove facts before the burden 'shifts' to the respondent. Right? Wrong , held the EAT in  Efobi v Royal Mail Group Ltd. The claimant was a postman. He applied...

New: Principles for Calculating Pension Loss

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The fourth edition of the tribunal’s  Guidance on Compensating Pension Loss  has just been released, following last year’s consultation exercise.  It was last revised over ten years ago, in 2004.  The new document is to be...

Tribunal Fees - Presidential Case Management Order

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The Presidents of the Employment Tribunals in England and Scotland have issued a Case Management Order arising from the Supreme Court's decision in the  Unison  case.  (Note: I have not seen a copy of the Scotland version, although I...

Litigation Friends in the Tribunal

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Can a rule be implied into tribunal rules to provide for the appointment of a litigation friend? Yes, held the Employment Appeal Tribunal in  Jhuti v Royal Mail. When proceedings concern a vulnerable individual it is imperative to ensure they can...

Vicarious Liability

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Is a company vicariously liable for sexual assaults committed by a doctor engaged to carry out medical examinations for prospective applicants? Yes, in this case, held the High Court in  various Claimants v Barclays Bank plc. This case involved 126...

Religious Discrimination

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Is it direct or indirect religious discrimination to discipline an employee who condemns homosexuality and speaks of repentance during a Prison church service? No, held the EAT in  Trayhorn v The Secretary of State for Justice. The Claimant, a...

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