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Strike Out

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Was a tribunal right to strike out a disability discrimination claim on the ground of a Claimant's refusal to engage with joint medical experts to establish her disability? Yes, held the EAT, on the facts in  Itulu v London Fire Commissioner . Mrs...

List of Issues

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Is an employment tribunal at a full hearing required to stick to the List of Issues decided at case management preliminary hearing? No, held the Court of Appeal in  Mervyn v BW Controls Ltd . Ms Mervyn, who was not legally represented, claimed she had...

Uber drivers are employees (in France)

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Are Uber drivers genuinely self-employed? No, held the French Court of Cassation (the country’s highest court for civil matters) in a landmark ruling yesterday ( already available in English translation ), confirming the Paris Court of Appeal’s...

Costs

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Is the fact that legal expense insurers have authorised litigation enough for a 'get out of jail free' card when the Claimant faces a costs application? No, held the EAT in  Radia v Jefferies International Limited . Costs do not follow the...

Long-term Disability

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Does ‘return to work’ mean return to any work for the purposes of long-term disability benefit? No, held the Court of Appeal in  ICTS (UK) Limited v Visram . Mr Visram was an International Security Coordinator for American...

EAT: Extension of Time

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Could an extension of time be granted for an appeal, where the last page of the ET3 was missing? Yes, in this "exceptional" case, held the EAT in  Fincham v Alpha Grove . The Claimant, acting in person, filed an appeal within the time...

Covid-19: Entitlement to SSP

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Health Secretary Matt Hancock has said that those in self-isolation on medical advice should be treated as on sick leave and may be eligible for statutory sickpay. Is that right?  I've been thinking about it, but have been beaten to it by Emma...

Disability Discrimination: Compensation

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Was capping compensation for two disabled police officers unfavourable treatment under section 15  Equality Act 2010 ? Yes, held the EAT in  Chief Constable of Gwent Police v Parsons and Roberts . The two Claimants were in their forties and had...

Coronavirus

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I'm receiving loads of emails (well, more than ten) from people asking for my views on how employers should deal with COVID-19 (coronavirus).  So I've written a short summary (and anyone is free to reproduce this).  An important...

Unfair Dismissal: Criminal Charges

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Can an employer fairly dismiss an employee on the basis of concern for its reputation when the employee is charged with, but not convicted of, a criminal offence? Yes, held the EAT in  Lafferty v Nuffield Health , in what it called " quite a...

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