Following her resignation, the Claimant presented a claim form. The Respondent had written her a letter in August 2016 proposing that her employment be terminated on the basis of a settlement agreement. Her case was that this was a reaction to the news that she was pregnant, that there had been a history of various … Continue reading Harrison v Aryman Ltd (Admissibility of Evidence): EAT 27 Aug 2019

DISABILITY DISCRIMINATION – Section 15 JUSRISDICTIONAL POINTS – Extension of time: just and equitable The employment tribunal had been bound to dismiss the claimant’s claim for discrimination arising from the claimant’s disability. The claimant had a disability which caused her to suffer from migraines caused by computer software, which the respondent unsuccessfully tried to address … Continue reading Department of Work and Pensions v Robinson (Disability Discrimination – Section 15 : Jusrisdictional Points – Extension of Time: Just and Equitable): EAT 24 Jul 2019

EAT Race Discrimination : Indirect – In a test case, it was assumed that BME candidates disproportionately failed the CSA test, passing which was necessary to progress to higher grades in the Civil Service. The Respondent argued successfully that claims of indirect discrimination could not succeed unless the individual Claimants could prove the reason they … Continue reading Essop and Others v Home Office (UK Border Agency): EAT 16 May 2014

Unfair Dismissal : Implied Term : Variation : Construction of Term : Disability Discrimination 1. This appeal raises the question whether it is fair and/or a proportionate means of achieving a legitimate aim for an employer to dismiss an employee by reason of permanent incapability at a time when an entitlement to long-term disability benefits … Continue reading Awan v ICTS UK Ltd: EAT 23 Nov 2018

Practice and Procedure – Bias, Misconduct and Procedural Irregularity – DISABILITY DISCRIMINATION – Reasonable adjustments The Claimant was a Latvian national with a limited command of English. At the trial of her claims of unfair dismissal and disability discrimination she acted in person, assisted by an interpreter. The Employment Tribunal (‘ET’) dismissed her claims. The … Continue reading Broma v Bakkavor Foods Ltd (T/A Bakkavor Desserts Highbridge): EAT 28 Jun 2018

The Claimant was a member and branch secretary of the Respondent trade union. At the age of 62, he was nominated to stand for election to the Respondent’s National Executive Committee for the requisite three-year term. His nomination was rejected by the Respondent on the basis of a rule in its Rulebook which did not … Continue reading The National Union of Rail, Maritime and Transport Workers (RMT) v Lloyd (Age Discrimination): EAT 15 Mar 2019

Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019

Victimisation Discrimination – Protected Disclosure – PRACTICE AND PROCEDURE – Striking-out/dismissal There is an issue between the parties as to the cause of detriments, the subject of the alleged victimisation contrary to the Equality Act 2010. The Claimant alleges that they were because of an admitted protected act, the bringing of a grievance alleging sex … Continue reading Simpson v Air Business Ltd: EAT 9 Apr 2019

UNFAIR DISMISSAL – Reason for dismissal including substantial other reason CONTRACT OF EMPLOYMENT – Wrongful dismissal DISABILITY DISCRIMINATION – Direct disability discrimination The Employment Tribunal (‘ET’) was entitled to conclude that the Respondent had established a conduct reason for dismissal on account of the Claimant before the ET’s gross negligence. The reason had not been … Continue reading Philander v Leonard Cheshire Disability: EAT 1 Nov 2018

VICTIMISATION DISCRIMINATION – Other forms of victimisation The Tribunal’s approach to and reasons for its Judgment in relation to the Claimant’s complaint of victimisation dismissal and some of the evidence were unclear. Overall, and on the particular facts of the case, the lack of findings about the dismissing officers’ knowledge or belief of the protected … Continue reading Oladipo v Lush Retail Ltd: EAT 16 Aug 2018

EQUAL PAY An Employment Tribunal was charged with determining whether a ‘stable working relationship’ was preserved when an employee had been promoted through a series of ranks. The concept of a ‘stable employment relationship’ was created by the European Court of Justice in Preston and Others v Wolverhampton Healthcare NHS Trust and Others [2000] ICR … Continue reading Barnard v Hampshire Fire and Rescue: EAT 12 Oct 2018

HARASSMENT – Conduct SEX DISCRIMINATION – Continuing act JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant’s complaints included one of harassment related to sex, by a colleague having sent an anonymous letter criticising her handling of a patient’s care, to five recipients. The Respondent’s case was that the sender acted solely from … Continue reading Prasad v Epsom and St Helier University Hospitals NHS Trust: EAT 23 Jan 2019

VICTIMISATION DISCRIMINATION – Other forms of victimisation Victimisation – section 27(3) Equality Act 2010 In 2011, when facing the likelihood that he would fail the assessment required to qualify as a Consultant Cardiothoracic Surgeon, the Claimant raised a grievance regarding a (race) discriminatory remark alleged to have been made some four years previously. Although the … Continue reading Saad v Southampton University Hospitals NHS Trust: EAT 22 Aug 2018

MATERNITY RIGHTS AND PARENTAL LEAVE The Claimant was on maternity leave while a redundancy exercise was being carried out. An important e-mail requiring her to fill in a redeployment document and return it to HR as soon as possible was sent to her work e-mail address which she was not accessing. As a result, she … Continue reading South West Yorkshire Partnership NHS Foundation Trust v Jackson and Others: EAT 22 Nov 2018

PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Case management UNFAIR DISMISSAL – Automatically unfair reasons The Claimant, who had less than two years’ service, had sought to pursue claims of unfair dismissal and discrimination before the Employment Tribunal. In resisting an application to strike out his claim of unfair dismissal, the Claimant had … Continue reading Andruhovics v Sapient Ltd: EAT 18 May 2018

SEX DISCRIMINATION – Direct SEX DISCRIMINATION – Indirect RELIGION OR BELIEF DISCRIMINATION HARASSMENT The Appeal Tribunal dismissed appeals against findings that the Respondent had been subjected to direct sex discrimination and harassment. The Tribunal’s findings of fact were a sufficient basis for its conclusions on each of these claims. The Appeal Tribunal allowed the Appellant’s … Continue reading Gan Menachem Hendon Ltd v De Groen (Sex Discrimination : Religion or Belief Discrimination : Harassment): EAT 12 Feb 2019

EAT PRACTICE AND PROCEDURE – Imposition of deposit Deposit Order – Rule 39 Employment Tribunal Rules 2013 The Claimant had pursued claims of disability discrimination under sections 13 (direct discrimination) and 15 (discrimination because of something arising in consequence of disability) Equality Act 2010 (‘EqA’). At a Preliminary Hearing listed to determine time limit issues, … Continue reading Tree v South East Coastal Ambulance Service NHS Foundation Trust: EAT 4 Jul 2017

EAT Jurisdictional Points : Working Outside The Jurisdiction – The Claimant was a UK appointed employee of the British Council, the Respondent, working abroad; he was ‘truly expatriate’ and he was not a civil servant. He was, however, employed under a contract of employment which expressly incorporated English law, entitled him to a Civil Service … Continue reading Jeffery v The British Council: EAT 25 Aug 2016

EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017