Did an employee who suffered from paranoid delusions that affected his timekeeping have a disability for the purposes of the Equality Act 2010 ? No, held the EAT in Sullivan v Bury Street Capital Limited . The Claimant's condition caused him to...
Employment Law Vault
The Queen has approved the appointment of six new High Court judges , two of whom are employment law experts. The Honourable Mrs Justice (Mary) Stacey, as she will become on 1 October 2020, has sat as a circuit judge in the Employment Appeal Tribunal for...
Should parties avoid using a 'narrative' style in their ET1s and ET3s? Yes, held the EAT in C v D . The Claimant appealed against the refusal of an application to amend to add claims of disability harassment and reasonable adjustments failures. In...
Did an employer who failed to place a redundant employee on a list of ad hoc workers act unreasonably within the meaning of s98(4)(a) of the Employment Rights Act ? No, held the EAT in Aramark (UK) Ltd v Fernandes . Mr Fernandes was made redundant by...
Was it fair to dismiss a teacher accused of possessing a computer with indecent child images, when he wasn't prosecuted; it was unclear who had downloaded the images, basing a decision on a risk that the teacher might have done so? No, held the EAT in ...
Today marks the very visible beginning of the end for the Coronavirus Job Retention Scheme. From today, 1st September 2020, employers have to contribute at least 10% of salary for those benefitting from the furlough scheme (adding to the payments of...
Can an employment tribunal order re-engagement where the employer believes that trust and confidence has broken down? No, not if the belief is rationally held, held the EAT in Kelly v PGA European Tour . The Claimant was dismissed for poor...
In an equal pay case, was it open to a tribunal to find that a successful material factor defence explaining a difference in pay had ceased to operate at a later point in time? Not on the facts of the case, held the Court of Appeal in Walker v...
Can an employee be fairly dismissed without any procedure (including an appeal), after a breakdown in working relations ? Yes (in rather unusual circumstances), held the EAT in Gallacher v Abellio Scotrail . The Claimant was a senior manager in...
The Minutes for the Employment Tribunals National User Group meeting on 30 June 2020 have been published. Key points:- - the coronavirus crisis is causing a significant increase in the tribunal backlog, increasing by about 1% with each passing...
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