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Harassment

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Was calling an employee a "fat ginger pikey" harassment? Not on the facts of this case, held the EAT in  Evans v Xactly . Mr Evans was employed as a sales representative for just short of a year, when he was dismissed for poor...

Whistleblowing: Liability of Individuals

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Can an individual be liable for a whistleblowing dismissal, along with the employer, under detriment provisions of the  Employment Rights Act ? Yes, held the Court of Appeal in  Timis v Osipov . Alexander Osipov was dismissed on the ground that...

Territorial Jurisdiction

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Is there only one right answer to a question of territorial jurisdiction? Yes, held the Court of Appeal by a majority in  The British Council v Jeffrey . In two appeals heard together, the Court of Appeal considered when the EAT could reverse ET...

Time Limits

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Does the strict approach to extensions of time in the EAT apply to cross appeals? No, held the EAT in  The Governing Body of Tywyn Primary School v Aplin . Mr Aplin succeeded before a tribunal. The Respondent appealed and was given permission to...

Direct Discrimination

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Is it directly discriminatory for a Christian baker to refuse to bake a cake containing a message supportive of gay marriage? No, held the Supreme Court in  Lee v Ashers Baking Company Ltd and Others . Ashers Baking is a family-owned business. Its...

Annual Leave

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Does annual leave accrue during parental leave, when the contract of employment is suspended? No, held the European Court of Justice in  Tribunalul Botosani v Dicu . The employee, Ms Dicu, was entitled to up to 35 days of annual leave, based upon the...

Consultation Paper: Reforming Employment Law Hearing Structures

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The Law Commission has issued a  consultation paper  on reforming employment law hearing structures. The issues on which it seeks views are:- - extending limitation periods in employment tribunals, mostly to six months; - raising or removing the...

Unlawful Deduction Claims: Tribunals can Construe Contract Terms

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Does a tribunal have the power to rule on the terms of a contract when considering an unauthorised deduction from wages claim? Yes, held the Court of Appeal in  Agarwal v Cardiff University . Ms Argarwal had brought a claim for deductions from wages...

Procedure: Is an employment tribunal decision (sent to the parties) if it is sent to the wrong address?

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Is an employment tribunal decision "sent to the parties" if it is sent to the wrong address? Yes, held the Court of Appeal in  Rana v London Borough of Ealing . Under the  Employment Appeal Tribunal Rules 1993  rule 3(3), the...

Discrimination: Religious Workplaces

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Under EU law, can an employer founded on the principles of a religion or belief dismiss a worker it requires to follow that religion of belief because of the employee's stance around that belief? Only if there is an occupational requirement that is...

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