EAT (Practice and Procedure) 1. While there is no express power provided by the ETA 1996 or the 2013 Rules made under it, the appointment of a litigation friend is within the power to make a case management order in the 2013 Rules as a procedural matter in a case where otherwise a litigant who lacks capacity to conduct litigation would have no means of accessing justice or achieving a remedy for a legal wrong.
2. The decision in Johnson v. Edwardian International Hotels Ltd [2008] UKEAT/0588/07 was not followed.
3. The appeal was accordingly allowed.
Judges:
Simler DBE J P
Citations:
[2017] UKEAT 0062 – 17 – 3107, [2017] WLR(D) 613, [2018] ICR 1077
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Royal Mail Group Ltd v Jhuti EAT 19-May-2016
EAT Victimisation Discrimination: Dismissal – Whether the Employment Tribunal’s determination that dismissal was not automatically unfair under section 103A Employment Rights Act 1996 because the person who . .
Cited by:
Appeal from – Royal Mail Ltd v Jhuti CA 20-Oct-2017
The employee complained of her dismissal having made protected disclosures. The company said that the dismissal was for reasons of inadequate work.
Held: The company’s appeal succeeded. Subject to possible qualifications said to be irrelevant . .
At EAT (2) – Royal Mail Group Ltd v Jhuti EAT 19-Mar-2018
Practice and Procedure
The appeal and cross-appeal challenge
(i) whether the detriment claims are in time in circumstances where the grievance detriment claim failed; and
(ii) whether the grievance detriment claim was wrongly . .
At EAT (2) – Royal Mail Group Ltd v Jhuti SC 27-Nov-2019
The employee was a whistleblower, but her manager in response bullied her and dismissed her on the grounds of alleged poor performance. J suffered stress and was away from work and unable to defend herself. The decision maker, acting honestly . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 September 2022; Ref: scu.592678