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Lodging Appeals in the EAT

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The Employment Appeal Tribunal has updated its  Guidance on Appealing to the EAT . Practitioners are strongly encouraged to use the new e-Filing system, which is the EAT’s preferred method for receiving appeals. I understand, anecdotally, that...

Acas Uplift

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Did applying the maximum 25% 'Acas uplift' to injury to feelings and aggravated damages awards amount to double counting? No, held the EAT in  Slade and ors v Biggs . This was a case where the tribunal had found that the departure of the...

Flexible Working

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If an employee agrees to attend an appeal hearing outside the three-month 'decision period' for resolving flexible working requests, has he also agreed to extend the decision period? No, held the EAT in  Walsh v Network Rail Infrastructure...

Implied Term that Disciplinary Process will be Conducted Fairly

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In  Burn v Alder Hey Children's NHS Foundation Trust , the Court of Appeal construed a disciplinary policy. That’s not very interesting. But what was interesting were some  obiter  comments made by Singh LJ and Underhill LJ, two of...

Objective Justification

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Is it sufficient for a tribunal to say that a Respondent’s objective justification defence is “obvious”, in the context of the dismissal of an absent, disabled employee? No, held the EAT in  Gray v University of Portsmouth . The...

Wrongful Dismissal

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In determining a wrongful dismissal complaint, where the Claimant denies the alleged conduct, is a tribunal entitled to conclude that it could make no positive finding as to the conduct without having heard from witnesses who claimed to have seen the alleged...

Strike out

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Is a tribunal entitled to strike out a response when, due to the Respondent’s non-compliance, it is no longer possible to conduct a fair trial in the trial window? Yes, held the EAT in  Emuemukoro v Croma Vigilant (Scotland) Ltd . On day one of...

Recruitment Exercise: Salaried Employment Judges

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Earlier this month, the Judicial Appointments Commission launched a competition for the appointment of 50 FTE salaried employment judges. The deadline for applications has been extended for a week, to 1pm on 23 November 2021. Full details of how to apply...

Whistleblowing

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If an employee is dismissed for redundancy, having made protected disclosures, is the dismissal automatically unfair if the decision was ‘materially influenced’ by the disclosures? No, held the EAT in  Secure Care UK Limited v Mr R Mott . ...

National Minimum Wage

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Should payments made by the Claimant to rent his vehicle and uniform have been treated as reductions when calculating his pay for the purposes of the National Minimum Wage? Yes, held the EAT in  Augustine v Data Cars Ltd . The Claimant was employed as...

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