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Equal Pay Claims

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Can Claimants doing different work bring equal pay claims on the same ET1 claim form? No, held the EAT in Farmah & ors v Birmingham City Council & ors. The appeals concerned a single ET1 claiming equal pay used by a number of Claimants who...

Costs in the Employment Tribunal

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Can an employment tribunal make a costs award in relation to a period of time even when the Claimants have a Damages Based Agreement (setting their costs at 10% of an award)? Yes, held the EAT, in Swissport Limited v Exley & Others. The Claimants...

'Conduct' Reason for Dismissal Does Not Entail Culpability

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Does an employment tribunal have to find an employee 'culpable' when deciding if a dismissal is for conduct? No, held the EAT in JP Morgan v Ktorza . The Claimant worked on the Respondent bank's foreign exchange desk. He was dismissed for...

Direct Discrimination and Victimisation

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Is a detriment that is inextricably linked to and arises out of a protected act done because of the protected act? Not necessarily, held the Court of Appeal in Greater Manchester Police v Bailey . As is well known, the test in discrimination and...

TUPE and Garden Leave

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A senior executive was placed on garden leave. Were the circumstances such that a TUPE transfer enabled him to object to it and terminate his garden leave? No, held the High Court in ICAP Management Services Ltd v Berry. Mr Barry worked for ICAP...

Bits and Bobs...

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Three quick employment law updates which don't justify their own bulletin... 1. In Elmore v Darland High School , the EAT held there was a presumption that an appeal decision was taken for the same reasons as a dismissal decision, hence the...

Carrying Over Holiday Pay

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Does a worker’s paid holiday entitlement carry over to subsequent years if they do not take holiday because their employer refuses to pay them? Yes, stated the Advocate General of the CJEU in a non-binding opinion in King v The Sash Window Workshop ...

Employees Not Under Duty to Disclose Their Intention to Compete

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Are employees under a duty to disclose their intention to compete? Probably not, held the Chancery Division in MPT Group v Peel . Two moderately senior employees planned to set up a new company in competition with their employer after their restrictive...

Territorial Jurisdiction

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Is the assessment of whether an employee has a strong connection to the UK (to give an employment tribunal territorial jurisdiction to consider a claim) objective rather than subjective? Yes, held the EAT in Green v SIG Trading Ltd . The...

Time Limits

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Can an appellant to the EAT rely on vague medical evidence to get an extension of time for a late appeal? No, held the EAT in J v K. J appealed against the strike-out of his discrimination claim. He sent in his Notice of Appeal before the 4pm...

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