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Unfair Dismissal: Band of Reasonable Responses

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Was a tribunal entitled to decide that a decision to dismiss an employee for posting a racist ‘joke’ on his employer’s intranet fell outside the band of reasonable responses? No, held the EAT in  Vaultex v Bialas . The Claimant...

Belief Discrimination

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Was it discriminatory for a theatre to dismiss a Christian actress from a lesbian role after online posts about her belief that homosexuality was sinful become public? No, held the EAT in  Omooba v Michael Garret Associates .  The Claimant was...

Whistleblowing: Dismissal as an Act of Detriment

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Could an employee bring a claim of whistleblowing detriment against his employer where the act of detriment relied upon was his dismissal? No, held the EAT in  Wicked Vision v Rice . The Claimant brought a claim of automatic unfair dismissal against...

Tribunal Procedure: Strike-Out

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Where a Claimant fails to comply with an 'unless' order, but a fair trial is still possible, is a tribunal still entitled to strike out that claim? Yes, held the Employment Appeal Tribunal in  Tattersall v Mersey & West Lancashire Teaching...

Agency Workers

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Did an overarching agency agreement exist between an agency worker and a hirer, such that the agency worker was entitled to ‘suspension pay’ from the hirer during a nine-month period when she was not allowed to book shifts with them? No, held...

Increase In Tribunal Compensation Limits From 6 April 2024

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The government has announced the annual increase in compensation limits for employment tribunal awards and other statutory payments.  They are contained in  The Employment Rights (Increase of Limits) Order 2024 .  The two key increases are: ...

Tribunal Procedure: Reasonable Adjustments

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Was it lawful for an employment tribunal to refuse a disabled litigant in person’s request that he be allowed to record a three-day preliminary hearing? No, held the EAT in  Bella v Barclays Execution Services . The Claimant was disabled. His...

Government Publishes Updated Code of Practice on 'Fire and Rehire'

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The government has published an updated  Code of Practice on dismissal and re-engagement  (better known as ‘Fire and Rehire’). If it is approved by Parliament, a commencement order will bring the Code into effect, likely later this...

Unless Orders

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Was the tribunal right to conclude that, in serving his witness statement on the tribunal, the Claimant had complied with an Unless Order requiring him to serve his witness statement on the other side? No, held the EAT in  Elemide v Bauhaus...

Labour to Extend Equal Pay to Race and Disability (Update)

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UPDATE : After sending this email a few minutes ago, I came across  this article by Darren Newman  which explains the proposals (as according to the Guardian) far better than me, and also beats them up with a very big stick. === Original email...

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