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Tribunal Procedure

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When refusing to add a new Respondent to an existing claim, is it relevant that the Claimant failed to go through Acas Early Conciliation with them? Yes, held the EAT in Patel v Specsavers Optical Group Ltd .  The Claimant issued proceedings against...

Glasgow Employment Tribunal - Evening Sittings

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From April, Glasgow employment tribunal will list cases on a Thursday evening between 5.30pm and 7.30pm, for litigants who would like an evening slot. There will be a maximum of 2 judges available to hear the cases listed. If there is enough interest then...

Shared Parental Pay

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The Supreme Court has refused permission to appeal in the case of Chief Constable of Leicestershire v Hextall. That means the Court of Appeal's decision remains binding. Last year, the Court of Appeal held that it is not discriminatory to pay men on...

Unfair Dismissal

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Does the rule of attribution in  Royal Mail Group v Jhuti  apply only to the reason for dismissal, or does it also apply to whether a dismissal is fair? Both, held the EAT in  Uddin v London Borough Of Ealing . Mr Uddin failed (by a...

Provision, Criterion or Practice

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Can a one-off decision amount to a provision, criterion or practice (PCP) for the purposes of complaints under the  Equality Act 2010  of failing to make adjustments or indirect discrimination? Sometimes, held the Court of Appeal in  Ishola v...

Illegality

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Is a Claimant prevented from bringing claims by a historic period of illegality in the performance of a contract? No, held the EAT in  Robinson v Al Qasimi . The Claimant worked for the Respondent from March 2007 to May 2017. Up to July 2014, the...

Recording employment tribunal proceedings

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When should an employment tribunal allow litigants to record proceedings? Hardly ever, and only then under strict limits, held the EAT in  Heal v University of Oxford . The Claimant said his disabilities, which included dyslexia and dyspraxia, made it...

Disability Discrimination

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Can a Claimant rely on detriments taking place during the 12 month period after which they qualify as disabled? No, held the EAT in  Tesco Stores Limited v Tennant . The Claimant, a checkout manager, was absent from work due to depression from...

Reinstatement and Annual Leave

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If an employee is unlawfully dismissed and then re-instated by a court order, is the employee entitled under EU law to annual leave for the interval between dismissal and re-employment? Yes, is the preliminary ruling of the Advocate-General to the European...

Whistleblowing Detriments

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Can an employer, seeking to defend its reputation, subject a worker to a detriment in the way it denies the truth of a protected disclosure? Yes, held the Court of Appeal in  Jesudason v Alder Hey Children’s NHS Foundation Trust . Mr Jesudason...

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