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Definition of Disability

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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...

New Employment High Court Judges

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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...

Tribunal Pleadings

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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...

Unfair Dismissal: Redundancy

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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...

Unfair Dismissal

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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 ...

Furlough Scheme Changes

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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...

Remedies: Re-Engagement

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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...

Equal Pay: Material Factor

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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...

Unfair Dismissal

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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...

Employment Tribunals

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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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