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Tribunal Procedure

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Was it unreasonable for solicitors not to spot an error in an ET1 form partially completed by their client before they filed it? Not necessarily, says the EAT in  NE London NHS Foundation v Zhou . Ms Zhou instructed solicitors to file tribunal claims...

TUPE

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Was the transfer of a public health team commissioning health services a TUPE transfer? Valuable guidance was given by the EAT in  Nicholls & Ors v LB Croydon . Croydon Primary Care Trust transferred its public health team (which was concerned...

Victimisation

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Does a Claimant have to act dishonestly for an allegation or evidence not to be a protected act under s27(3)  Equality Act 2010 ? Yes, held the EAT in  Saad v Southampton University Hospitals NHS Trust . The Claimant, a surgeon, raised a...

Employment Contracts

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Does resignation on a lengthy notice period constitute affirmation of an employment contract? And can making unwarranted findings, alleging loss of trust and confidence and reporting an employee to a regulator constitute repudiation of an employment...

Agency Workers

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Could an employee on a zero hours contract be an agency worker if his position was temporary rather than permanent? Yes, held the EAT in  Matei v Brooknight Guarding Limited . The Claimant was employed as a security guard on a 'zero hours...

Time Limits

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Is time automatically extended when the limitation period expires on a non-working day? No, held the EAT in  Miah v Axis Security Services Ltd . Mr Miah's claim for unfair dismissal was received by the tribunal on Monday 30th January...

TUPE: Five month gap does not prevent transfer

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Did a five month suspension of an undertaking's activities preclude a TUPE transfer? No, held the CJEU in  Colino Siguenza v Ayuntamiento de Valladolid . The Claimant was employed as a music teacher at a music school in Spain. The school's...

Loss of Legal Professional Privilege when Advising how to Disguise Discrimination

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Does advising a client how to conceal an act of discrimination engage the "iniquity" exception to legal advice privilege? Yes held the EAT in  X v Y Ltd . Advice provided by solicitors, barristers and legal executives is normally exempt from...

Procedure: Limiting Discrimination Allegations

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Is it acceptable to limit a claimant to her 'Top Ten' discrimination claims? Generally not, held the EAT in  Tarn v Hughes & Ors . The Claimant, a GP, brought maternity and pregnancy discrimination claims. She alleged 21 acts of direct...

Procedure: Respondent should normally participate in remedy hearing even if debarred from contesting liability

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Should a respondent normally be permitted to contest remedy even if debarred from contesting liability after failing to present a Response? Yes, held the Court of Appeal in  Office Equipment Systems v Hughes . The Respondent failed to present a...

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