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Unfair Dismissal

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Is it unfair to dismiss an employee for proselytising? Not if the proselytising is improper, held the Court of Appeal in  Kuteh v Dartford and Gravesham NHS Trust . The Claimant was a nurse, working in a pre-operative assessment role. During...

CJEU: Employers must record Working Time

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Must an employer keep records of hours worked to fulfil its obligations under the  Working Time Directive ? Yes, held the CJEU in  Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE . The CCOO is a trade union in...

Whistleblowing: Territorial Jurisdiction

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Does an employment tribunal have jurisdiction to hear claims for whistleblowing detriment brought by a British worker seconded by the FCO to EULEX (a Kosovo-based EU mission) against fellow employees of the FCO also so seconded? No, held the Court of...

Disability Discrimination

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Is it sufficient for the "something arising in consequence" of a disability merely to have a "significant influence" on the unfavourable treatment complained of? Yes, held the EAT in  Baldeh v Churches Housing Association...

Equal Pay and Insolvent Employers

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Can a claim for equal pay which has not been quantified when the employer becomes insolvent constitute "arrears of pay" payable by the Secretary of State under Part XII of the  Employment Rights Act 1996 ? Yes, held the Court of Appeal...

Tribunal Procedure: Strike Out

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Was it appropriate to strike out a claim of constructive dismissal where the Claimant had not fully pleaded the reasons for the alleged breaches of contract? No, held the EAT in  Mbuisa v Cygnet Healthcare Limited . The Claimant alleged that he had...

Minimum Wage

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Are wardens/receptionists who were on call from evening to morning working on "time work" under the National Minimum Wage legislation? Yes and no, held the EAT in  Frudd v Partington Group . The Claimants, who worked at a caravan site,...

Extension of Time Application based on Unlawful Fees regime Refused

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Was it wrong to deny an extension of time to lodge a claim based on the fees regime? Not on the facts of this case, held the EAT in  Wray v Jewish Care. Mr Wray presented claims for unfair dismissal and breach of contract which were out of time. He...

Written Statement of Particulars of Employment

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Will an employer who provides a written statement of terms and conditions late, but before a case begins in the employment tribunal, have any award increased under s38 of the  Employment Act 2002 ? No, held the EAT in  Govdata Ltd v Denton . Mr...

Jurisdiction

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Can an individual Respondent, living and working in another member state of the EU, be sued in the employment tribunal in Great Britain? Yes, but not in this case, held the EAT in  Ravisy v Simmons & Simmons . The Claimant was a French qualified,...

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