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Working Outside the Jurisdiction

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Does the  Equality Act 2010  protect people in the UK who apply to work on foreign ships operating outside of UK waters? No, held the EAT in  Walker v Wallem Ships Management , dismissing (with regret) the Claimant's appeal against...

Procedure: Striking Out

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When considering striking out a tribunal claim for breach of an 'Unless' Order, should a tribunal specifically consider the seriousness of a party's default, as well as any reason for the default? Yes, held the EAT in  Duncan Lewis...

Unfair Dismissal: No need for separate 'investigation' hearing

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One of the questions I hear most frequently from employers is: 'Do we need to hold a separate investigation hearing?' The answer is no, no, and thrice no. Unless you do. The Acas Code, at paragraph 5, states: "It is important to carry out...

Philosophical Belief Discrimination

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Is a belief that there are two biological sexes in humans, and that it is not possible for a human being to change sex, a ‘philosophical belief’ within the meaning of section 10 of the  Equality Act 2010 ? No, held Employment Judge Tayler...

Worker Status: Substitution Clause

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Does a substitution clause in a person's service contract automatically mean they are denied 'worker' status? Not on the facts, held the EAT in  Stuart Delivery Ltd v Augustine . Mr Augustine was a delivery courier, undertaking fixed...

Strike Out

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Does the EAT have the power to re-open orders made by an employment tribunal, other than by the means stipulated in the applicable rules and case law? No, held the EAT in  MacLeod v The University Court of the University of Glasgow . The Claimant had...

Principles for Compensating Pension Loss - Second Revision

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The Fourth Edition of the Principles for Compensating Pension Loss was issued in August 2017, and the First Revision in November 2019. A significant feature of the First Revision was the inclusion in Appendix 2 of extracts from the Ogden Tables at the new...

Direct Sex Discrimination

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Was it direct sex discrimination for the City of London Police not to pay a police officer on maternity leave her 'London Allowance'? Yes, held the EAT in  City of London Police v Geldart , dismissing the force's appeal. The Claimant was...

TUPE - Potentially Important Decision

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Does TUPE apply to limb 'b' workers, as well as traditional employees? Yes, according to the decision of an employment tribunal sitting in London in  Dewhurst v Revisecatch & City Sprint . We never normally send out employment tribunal...

Labour's Manifesto Pledges on Employment Law

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The Labour party has published its  manifesto  for the 12 December 2019 general election. It's policies on employment law and industrial relations appear from page 59. Key manifesto pledges are:- - living wage of £10 per hour for all...

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