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Salaried Judges of the Employment Tribunal - New Competition Announced

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The Ministry of Justice has announced a new competition for salaried employment judges. The competition formally opens next month, on 19 June 2018. The Ministry of Justice is looking to appoint 54 employment judges across England & Wales, at a FTE...

Time Limits: Extension of Time

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Was it reasonably practicable for an employee to present a claim for unfair dismissal in time, when erroneous ACAS advice caused the delay? No, held the EAT in  DHL Supply Chain v Fazackerley . The Claimant was dismissed for gross misconduct effective...

Constructive Dismissal

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Can an employee claiming constructive dismissal rely on a series of acts by an employer including a previously affirmed repudiatory breach of contract? Yes, held the Court of Appeal in  Kaur v Leeds Teaching Hospitals NHS Trust . The Claimant claimed...

Timing of Notice of Termination

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Where an employment contract is silent on when notice is deemed to be given, when does notice of termination take effect? Is it (i) when the letter would have been delivered in the ordinary course of post; (ii) when it was in fact delivered to that address;...

Tribunal Procedure: Witness Orders

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Can a tribunal refuse a witness order without assessing the relevance of the proposed witness's evidence? Obviously not, held the EAT in  Remploy v Lowen-Bulger . In this case, the Claimant alleged that the real reason for his dismissal was...

Restrictive Covenants: Negotiating Damages

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Are negotiating damages (formerly known as Wrotham Parkdamages) available for breach of a restrictive covenant? Yes, in limited circumstances (and not in this case), held the Supreme Court in  Morris-Garner and another v One Step (Support) Ltd. . ...

Variation of Contracts: When Silence = Acceptance

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If an employee works without protest after a variation of contract is imposed, should acceptance be inferred? Not necessarily, held the Court of Appeal in  Abrahall v Nottingham City Council . When Nottingham City Council sought to regularise a...

Injury to Feelings Payments not Taxable

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Was a settlement payment for injury to feelings taxable under ITEPA 2003? No, held the Court of Appeal in  Moorthy v HMRC . Mr Moorthy agreed a £200,000 settlement package with his employer. Although no specific amount was agreed at the...

Wasted Costs

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Can a wasted costs order be made without rigorous examination of the conduct in question? No, held the EAT in  Wentworth-Wood v Maritime Transport Ltd .. A firm of solicitors which had been issued with a wasted costs order admitted that its case...

Amendments to ET1

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In dealing with an amendment application, is the fact that the proposed amendment can be commenced as a fresh claim within time limits conclusive in favour of granting the application? No, held the EAT in  Patka v BBC . Mr Patka claimed he was paid...

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