The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
The Appellant appealed against the ruling of the Employment Tribunal at a Preliminary Hearing that certain of his race discrimination and racial harassment claims should be struck out because they were out of time. The appeal was allowed, on the basis that the Tribunal had not addressed the Appellant’s contention that apparently disparate acts and … Continue reading Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020
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Citations: [2018] EWCA Civ 640, [2018] WLR(D) 197 Links: Bailii, WLRD Statutes: Equality Act 2010 123 Jurisdiction: England and Wales Employment, Discrimination Updated: 07 April 2022; Ref: scu.608337
EAT Jurisdictional Points : Extension of Time: Just and Equitable – The Claimant brought various claims against his employer, the First Respondent, including direct discrimination and harassment on grounds of religious belief and detriment for making a protected disclosure. He brought one claim, harassment, against the Chairman of the First Respondent, the Second Respondent. The … Continue reading Harden v Wootlif and Another: EAT 15 Apr 2015
The claimant, of Black African origin, was publicly described as a ‘monkey in silk’ which led to her suffering depression. The company responded that her claim was out of time. Lord Dyson MR, Sullivan, Sharp LJJ [2014] EWCA Civ 855, [2014] ICR D27, [2014] WLR(D) 282 Bailii, WLRD Equality Act 2010 123 England and Wales … Continue reading Agbenowossi-Koffi v Donvand Ltd (T/A Gullivers Travel Associates): CA 24 Jun 2014
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964
Extension of Time The Claimant lodged a grievance against her managers complaining of, amongst other matters, acts of discrimination. Her grievance was the subject of a report produced by an external consultant. The report dismissed the grievance. The Claimant’s appeal was rejected. Dissatisfied with the grievance outcome and the Trust’s failure to take action against … Continue reading South Western Ambulance Service NHS Foundation Trust v King: EAT 31 Oct 2019
Did the fact that the same lay member sat concurrently on two separate tribunal panels considering claims which involved the same parties give rise to apparent bias and thus unfairness? If so, had the Appellant waived the right to take the point? JURISDICTIONAL POINTS – Time bar; pleading; conduct extending over a period Where the … Continue reading Lyfar-Cisse v Brighton and Sussex University Hospitals NHS Trust (Bias and Procedural Fairness; Waiver): EAT 28 Oct 2020
EAT Practice and Procedure: Estoppel or Abuse of Process – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 HARASSMENT DISABILITY DISCRIMINATION – Exclusions/jurisdictions UNFAIR DISMISSAL – Reasonableness of dismissal Practice and procedure – estoppel; disability discrimination reasonable adjustments (sections 20 and 21 Equality Act 2010); discrimination arising from the consequences of disability (section … Continue reading London Borough of Haringey v O’Brien: EAT 22 Dec 2016
Jurisdictional Points : Extension of Time: Reasonably Practicable JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant had lodged various claims of unfair dismissal and sex (pregnancy related) discrimination, all outwith the relevant three month time limits. During the statutory three month period the Claimant had instructed solicitors and instructed them to raise … Continue reading Tesco Stores Ltd v Kayani: EAT 8 Sep 2016
EAT Race Discrimination: Indirect – JURISDICTIONAL POINTS – Extension of time: just and equitable Indirect race discrimination – claim in time – continuing act – section 123(3) Equality Act 2010 – just and equitable extension of time The Respondent had operated an indirectly discriminatory policy of under-paying those with ’employability issues’ – effectively where it … Continue reading Fairlead Maritime Ltd v Parsoya: EAT 30 Oct 2016
EAT Practice and Procedure : Estoppel or Abuse of Process PRACTICE AND PROCEDURE – Review The Claimant had brought a number of claims against his employer, the Respondent. A Preliminary Hearing had been fixed to determine all issues of time bar raised by the Respondent. An Employment Tribunal decided that one of the claims (Claim … Continue reading Pugh v RT Electrics Ltd: EAT 6 Sep 2016
EAT Jurisdictional Points : Worker, Employee or Neither HARASSMENT SEX DISCRIMINATION – Direct TRADE UNION RIGHTS The appeal concerned sexual harassment by elected officers of the Respondent trade union against a paid (employed) officer. 1. The ET held that the elected officers were employees of the Respondent under the extended definition in section 83(2) of … Continue reading Unite The Union v Nailard: EAT 27 Sep 2016
EAT Practice and Procedure: Bias, Misconduct and Procedural Irregularity JURISDICTIONAL POINTS The Claimant complained that the Employment Tribunal (1) failed to determine some issues of sex discrimination which she put forward; (2) misapplied section 123(3) of the Equality Act 2010 by failing to find that the Respondent had been responsible for conduct extending over a … Continue reading Greco v General Physics UK Ltd: EAT 2 Aug 2016
EAT JURISDICTIONAL POINTS – Extension of time: just and equitable UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Tribunal did not err in law in its application of section 123(1) of the Equality Act 2010. It did not err in law, nor was it perverse, in deciding that the Claimant was unfairly dismissed. David Richardson … Continue reading Vodafone Ltd v Winfield (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 25 Apr 2016
EAT Jurisdictional Points: Worker, Employee or Neither – Extension of time: just and equitable – The Claimant brought claims under the Equality Act 2010 of indirect disability discrimination and failure to make reasonable adjustments based on the employers’ insistence that he work full-time until 24 April 2012 when they allowed him to work part-time. He … Continue reading The Secretary of State for The Department of Work and Pensions v Iqbal: EAT 8 Feb 2016
EAT (Jurisdictional Points: Extension of Time: Just and Equitable) The Employment Tribunal found that the Appellant employer had failed to make reasonable adjustments in relation to re-deploying the Claimant employee between April and August 2011 and that the Claimant’s claim in respect thereof was well founded. They also found that time for that claim began … Continue reading Abertawe Bro Morgannwg University v Morgan: EAT 8 Mar 2016
EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Compensation DISABILITY DISCRIMINATION – Disability related discrimination The decision of the Employment Tribunal that the dismissal of the Claimant pastry chef for using non-kosher jam in a product sold in an establishment subject to requirements of Kedassia was an act of victimisation under the Equality … Continue reading Carmelli Bakeries Ltd v Benali (Unfair Dismissal : Reason for Dismissal Including Substantial Other): EAT 31 Jul 2013
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
The Appellant has the protected characteristic of disability by virtue of having Parkinson’s Disease. In May 2019 she brought a claim of disability discrimination against the Respondent. She alleged two separate failures by the Respondent to make . .
The Claimant was an Equity Partner of the First Respondent, a firm of accountants. The LLP Members’ Agreement provided for all Partners to have a normal retirement age of 60 but with the First Respondent having discretion to extend beyond that time, . .
The appeal was refused for the following reasons:
1) A collectively agreed term regarding the advertisement of permanent vacancies, though incorporated into an individual contract of employment, was truly collective in nature and did not give . .
