Employment Law Vault

Can an employer's counterclaim continue even if the employee has withdrawn their breach of contract claim? Yes, held the EAT, in  Cortel Telecom Ltd v Shah . The Claimant (a sales consultant) brought a number of claims following his dismissal,...

Does the obligation to keep and therefore produce wage records for transferring employees remain with the transferor in a TUPE transfer? No, held the EAT in  Mears Homecare Limited v Bradburn and others . Section 9 of the  National Minimum Wage...

Is it misconduct for an employee to make a covert recording at work? Yes, except in the most pressing of circumstances, held the EAT in  Phoenix House v Stockman . The Claimant disclosed, during her successful unfair dismissal claim, a covert...

Did a Respondent have constructive knowledge of disability in circumstances where the Claimant had not been forthcoming about her disability? No, not on the facts in this case, held the EAT in A Ltd v Z . The Claimant, who the parties agreed was...

Was the posting of an offensive image on Facebook carried out 'in the course of employment'? No, held the EAT, in  Forbes v LHR Airport Limited . The Claimant was a security officer. A colleague, DS, posted a discriminatory image of a golliwog...

Is an employment tribunal obliged to consider a claim brought by a litigant in person which, while present on the face of the ET1, appears to have been abandoned? No, not on the facts of this case, held the EAT in  Mervyn v BW Controls Limited . The...

Can words be severed from a clause to rescue an otherwise invalid restraint of trade? Yes, held the Supreme Court in Tillman v Egon Zehnder Limited . On leaving her employment with the respondent executive search firm, Ms Tillman sought to extricate...

Can an tribunal draw inferences, on the basis of its experience that certain 'stereotypical assumptions' are often held about women, without the Respondent's witnesses being questioned about having proceeded on the basis of such stereotypical...

Was a tribunal entitled to find that a Claimant was not subjected to religious discrimination on the basis that he was dismissed because of the manner in which he had expressed his beliefs, rather than because of the beliefs themselves? Yes, held the EAT...

Was a policy of restricting social housing to a particular community proportionate as a form of positive action? Yes, held the Court of Appeal, in  R (on the application of Z) v London Borough of Hackney & Agudas Israel Housing Association Limited...