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Disability Discrimination

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Can it be direct discrimination to discriminate against one group of disabled workers compared with another group of disabled workers? Yes, held the CJEU, in  VL (C-16/19) , the judgment coming after the  Advocate-General's opinion of June...

Damages: 'lost years'

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Can a case be reopened once a determination has been made? Yes, held the Court of Appeal in  Head v Culver Heating Co Ltd , where it is necessary to do so to avoid real injustice. The case concerned Mr Head (deceased), the founder/owner/manager of...

Territorial Jurisdiction

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Was the Claimant entitled to bring a claim for unfair dismissal despite living in the US and working on a Cayman Islands owned ship? Yes, held the EAT in  Crew Employment v Gould . Mr Gould, a US resident, was the captain of a superyacht, the...

New Furlough Treasury Direction

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HM Treasury has issued a  new Treasury Direction . It's an amending Direction, not a comprehensive direction, and I haven't cross-referenced every paragraph. But it seems four points arise... 1. look at the document title of the document when...

Indirect Discrimination

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When considering the discriminatory impact of a PCP in relation to childcare, should the pool for comparison be limited to staff with childcare responsibilities? Yes, held the EAT in  Cumming v British Airways . The case concerned BA's policy that...

Constructive Dismissal: Affirmation

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Did the Claimant affirm a contract by raising a grievance? No, held the EAT in  Gordon v J & D Pierce (Contracts) Limited . The Claimant's working relationship with his manager (Mr Pierce) deteriorated. He resigned and brought a claim of...

Compensatory Award

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Was it open to a tribunal to reduce a compensatory award by a percentage amount to take account of a failure to mitigate when there was a more precise method of calculation? No, held the EAT in  Hakim v The Scottish Trade Unions Congress . The...

London Central Employment Tribunal

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Regional Employment Judge Wade has asked me to notify the users of London Central Employment Tribunal that Victory House remains closed to the public, staff and judiciary due to continued air ventilation problems. The vast majority of hearings are...

Is an Employment Tribunal a 'Court'?

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Is an employment tribunal a 'court'? Yes, for the purposes of determining an insurer's liability to pay out under an insurance policy, held the Court of Appeal in Irwell Insurance v Watson . Mr Watson brought claims against his employer. The...

Wearing masks/face coverings in Employment Tribunals

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The Presidents of Employment Tribunals (England and Wales) and (Scotland) have asked all Employment Judges and ET non-legal members to act in accordance with a memorandum issued by the Senior President of Tribunals on 15 January 2021 which states that with...

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