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New Joint Presidential Guidance: taking oral evidence by video or telephone from persons located abroad

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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...

Provision, Criterion or Practice

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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...

Last Straw

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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...

Harassment

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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...

Strike Out

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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...

Employment Tribunals - Road Map

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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...

Vento Bands - Update

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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...

Victimisation

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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...

Restrictive Covenants

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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...

Practice and Procedure

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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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