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...
Employment Law Vault
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...
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...
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...
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...
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...
The Presidents of the Employment Tribunals in England & Wales and Scotland have issued issued joint Presidential Guidance updating the bands of awards for injury to feelings, known as the Vento bands. In respect of claims presented on or...
What is the correct test to apply when determining if a Claimant has suffered a detriment for the purposes of a victimisation claim? The ' Shamoon test', held the EAT in the case of Warburton v The Chief Constable of Northamptonshire...
Can a non-competition restrictive covenant in a service agreement prevent a solicitor from joining a competitor? Yes, held the High Court in Law By Design Ltd v Ali . The Claimant began employment at Law By Design in 2013. In 2016 she became a...
Can the EAT depart from its own previous decisions? In rare circumstances, held the EAT in Fentem v Outform Ltd EMEA . In this case an employment tribunal considered itself bound by the majority decision of the EAT in Marshall (Cambridge)...
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