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Unfair Dismissal: Anonymous Witness

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Was it outside the range of reasonable responses to dismiss someone in reliance on the evidence of an anonymous witness? Not in the circumstances, held the EAT in  Tai Tarian v Christie . The Respondent (R) is a housing association, who employed the...

Discrimination Remedies: Recommendations

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Can a discrimination 'recommendation' include making an employer undertake to pay a redundancy payment to someone who is not redundant? Yes, held the EAT in  Hill v Lloyds Bank . The Claimant was disabled by depression, which she said was a...

Consultation: Workplace Laws for Domestic Abuse Survivors

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The government is seeking views on what workplace laws could be used, or introduced, to support the survivors of domestic abuse within the workplace. The availability of flexible working, unplanned leave and other employment needs will be examined, along...

Flexible Furlough - Treasury Direction

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HMRC has published the  CJRS Treasury Direction , which is rewritten for the flexible furlough scheme (taking the form of a new 30 page Schedule). I will be updating my template furlough agreement to comply with the new flexible furlough scheme over...

AG Opinion: Disability Discrimination

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Is it unlawful to discriminate against one group of disabled employees by comparison with the treatment of other disabled employees? Yes, indicates the Advocate-General in a preliminary ruling for the Court of Justice of the European Union in  VL (Case...

Unless Orders

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Does an 'unless' order always mean that non-compliance leads to an entire case to be struck out? Not unless that is what the order says, held the EAT in  Ijomah v Notts Healthcare . After two preliminary hearings, the Claimant (Dr Ijomah) was...

Employment Tribunal Fees

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According to an  article in today’s Times newspaper (£) , the Ministry of Justice has written to the Law Commission inviting it to “provide recommendations for creating a coherent system for charging and updating fees in the...

Time Limits

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Can a Respondent overturn a tribunal judgment on liability by raising a time point at a later remedy hearing? No, held the EAT in  Wilson Barca LLP v Shirin . The Claimant worked at a solicitors practice, she resigned after being subjected to...

Flexible Furlough Scheme

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Last night, HMRC released details of the flexible furlough scheme, which starts on 1 July 2020. Under the flexible furlough scheme, employees no longer need to avoid doing any work for the employer, but can work for some of the week and be furloughed...

Remote Tribual Hearings in Scotland

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The President of Employment Tribunals (Scotland) has issued a  Practice Direction  and further informal guidance on the fixing and conduct of remote hearings. One interesting aspect is that the parties will have to conduct tests with a...

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