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Working Time Detriment Claims

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In order to succeed in a claim for detriment or automatic unfair dismissal, does an employee need to explicitly refuse to comply with a requirement imposed in contravention of the  Working Time Regulations ? Yes, held the EAT in  Pazur v Lexington...

Redundancy Pay Cap

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If an employee claims contractual and statutory redundancy payments at a tribunal, does statutory redundancy pay count towards the £25,000 cap for a breach of contract claim? No, held the EAT in  Uradar v Lancashire Care NHS Foundation Trust . ...

Definition of Disability - Duration of Impact

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If a tribunal does not address all four limbs of the definition of disability can the decision stand? No, held the EAT in  Parnaby v Leicester City Council . The Claimant was impaired by depression caused by work-related stress. The Claimant could...

Unfair Dismissal: Time Limit Extensions

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If a Claimant goes to Acas for Early Conciliation after a primary time limit has expired, is there a month’s grace to present a claim form after the end of Early Conciliation? No, held the EAT in  Pearce v Merrill Lynch . The Claimant brought...

Injury to Feelings Award

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When calculating an injury to feelings award, is the effect of the conduct on the Claimant the relevant consideration (rather than the gravity of the Respondent’s actions)? Yes, held the EAT in  Komeng v Creative Support . The tribunal had not...

Whistleblowing: Reasonable Belief in Public Interest

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Whether or not a protected (whistleblowing) disclosure is in the public interest, is it sufficient that the employee has a reasonable belief that it was?  Yes, held the EAT in  Okwu v Rise Community Action .  Rise was a small charity,...

Employment Tribunal Pleadings

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Does an employer need to assert and prove a potentially fair reason for dismissal, to successfully defend a constructive dismissal case? Yes, held the EAT in  Upton-Hansen Architects ("UHA") v Gyftaki . Ms Gyftaki had run out of annual...

Unless Orders

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When should a claim be struck out for material non-compliance with an Unless Order? When qualitatively there has not been material compliance, held the EAT in  Uwhubetine v NHS Commissioning Board England . The tribunal should not be concerned with...

Calculating Holiday Pay for Term Time Workers

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Should holiday entitlement for ‘part-year’ workers (e.g. a visiting music teacher) be calculated on a  pro rata  basis at 12.07% of annual pay under the  Working Time Regulations ? No, held the Court of Appeal in  The Harpur...

Illegal Contracts

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Can an employer rely on a breach of the immigration rules to argue that an employment contract is unenforceable? No held the Court of Appeal in  Okedina v Chikale . Ms Chikale was a Malawian national who was summarily dismissed as Mrs Okedina's...

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