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Unfair Dismissal: Covid-19

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Was it automatically unfair to dismiss an employee who refused to attend work over concerns about the risk of Covid-19 to his vulnerable children? No, held the EAT in  Rodgers v Leeds Laser Cutting Ltd . Mr Rodgers refused to attend work during the...

Extension of ban on exclusivity clauses

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In 2015, exclusivity clauses were made unenforceable against workers on zero hour contracts. The government is now proposing to extend the ban on exclusivity clauses for workers whose earnings are below £123 per week (£123 being the Lower...

Employment Tribunals Reform FAQs

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The HMCTS Reform Employment Tribunal Project have produced a useful  FAQ document  to help tribunal users navigate the reform. The document will be updated as the project continues. It explains the aims of the reform project, including the...

Reasonable Adjustments

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If an employer dismisses a disabled employee, but fails to make a reasonable adjustment during that process, must that render the dismissal unfair?   No, held the EAT in  Knightley v Chelsea & Westminster Hospital NHS Trust . The disabled...

New Joint Presidential Guidance: taking oral evidence by video or telephone from persons located abroad

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New Presidential Guidance  is out on taking oral or video evidence from abroad. Following  Agbabiaka , permission from the foreign state is needed. The process now is to provide the employment tribunal details as soon as possible and for them to...

Provision, Criterion or Practice

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In claims for indirect discrimination should the comparison pool be matched to the relevant PCP? Yes, held the EAT in  Allen v Primark . The Claimant worked for the Respondent as a Department Manager. Following maternity leave she aimed to return to...

Last Straw

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Did the tribunal err in failing to consider the last straw doctrine when concluding there was no repudiatory breach entitling the Claimant to resign and claim constructive dismissal? Yes, held the EAT in  Craig v Abellio . The Claimant was a bus...

Harassment

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Is the Claimant's perception sufficient to turn conduct into harassment? No, held the EAT in  Ali v Heathrow Express and Redline Assured Security Ltd . The Claimant worked as a Security Guard at Heathrow Airport. Suspicious objects were...

Strike Out

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Can a claim be struck out at a closed preliminary hearing? No, held the EAT in  Mendy v Motorola Solutions UK Ltd , overturning a case management decision that had the effect of striking out the Claimant's indirect discrimination claim. At a...

Employment Tribunals - Road Map

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The Presidents of Employment Tribunals (England & Wales, and Scotland) have issued a  joint road map  for 2022-2023. The full document should be read by all practitioners; here is a summary:- - the  HMCTS Reform Programme  is...

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