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Practice and Procedure

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How should employment tribunals make determinations on preliminary issues in discrimination claims? With careful and reasoned analysis held the EAT in  Rooney v Leicester City Council . The claim was brought by Ms Rooney who was a childcare social...

Qualifying Disclosures

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Should tribunals take a structured approach when assessing qualifying disclosures in whistleblowing cases? Yes, held the EAT in  Martin v London Borough of Southwark . The Claimant was a teacher who had expressed concerns that he and other teachers...

Compulsory Retirement and Age Discrimination

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Does an Employer Justified Retirement Age ('EJRA') necessarily result in unlawful age discrimination? No, held the EAT in  Pitcher v University of Oxford and University of Oxford v Ewart , dismissing appeals against two contrasting tribunal...

Direct Discrimination

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Is it unlawful direct sexual orientation discrimination to require that people who want join a foster agency as carers refrain from "homosexual behaviour"? Yes, held the Court of Appeal in  R (Cornerstone Fostering) v Ofsted . Cornerstone is...

Anonymity Order

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Is an individual, who was not a party or a witness in tribunal proceedings, entitled to have her name anonymised in the resulting judgment, under rule 50 of the  Employment Tribunal Rules of Procedure 2013 ? Yes, sometimes, held the EAT in  TYU v...

Whistleblowing Detriments

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Is a tribunal entitled not to attribute the motivations of a manager who complained about the Claimant to the employer? Yes, held the EAT in  Kong v Gulf International Bank Ltd . The Claimant made a number of protected disclosures. The tribunal found...

Working Time Regulations

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In order to claim automatic unfair dismissal under s104  Employment Rights Act  in relation to a work pattern in breach of the  Working Time Regulations , is it necessary for an employee to have worked the shift they had been instructed to...

Preparation Time Order

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When considering an application for costs on the basis that a claim or response had no reasonable prospect of success, under ET Rule 76(1)(b), should a tribunal look at the ET1 as a whole? No, held the EAT in  Opalkova v Acquire Care Ltd , it should...

Adjusted Right to Work Checks Extended

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The government has just  announced  that the end date for the temporary adjusted checks has now been deferred to 5 April 2022. The following temporary changes were made on 30 March 2020 and now remain in place until 5 April 2022: checks can...

Redundancy Selection

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If an employer adopts a fair redundancy selection process, will the lack of an appeal make dismissals unfair? No, but the absence of an appeal is one of many factors in determining fairness, held the Court of Appeal in  Gwynedd Council v Barratt &...

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