The question this week is: Can a misunderstood termination date justify an extension of a Claimant’s limitation date? Is it sensible to appeal a decision on the above to the Court of Appeal? Lowri Beck Services Ltd v Brophy Mr Brophy, the Claimant, was dismissed by Lowri Beck Services, the Respondent, over the telephone on [...]
This week we are looking at tribunal procedure and limitation dates. The case is actually one we have covered when it was a mere Employment Tribunal claim, since then the employer has appealed the decision in both the EAT and Court of Appeal. Limitation dates are the final date a Claimant has to commence ACAS [...]
There is no question this week but this case serves as a classic example of way an ostrich approach to Tribunal defences is not a good strategy. Ms Grunwell, the Claimant, bought claims for unpaid holiday and maternity discrimination against Chelmsford Unisex Hair Salon, the Respondent. Her claim alleged she was dismissed by the Respondent [...]
Well like most supermarkets Morrisons will be busy, their tills will be ringing with the sound of hoarded toilet roll, rare as anything liquid hand gel and scarce as hen’s teeth, plain flour. Today the Supreme Court held that Morrisons are not vicariously liable for the criminal act of a payroll manager who sold Morrisons [...]
Tribunal judgments are now available online. Prior to this, only EAT judgments and higher courts had the full judgments available online. Previously, to obtain ET Judgments, you used to have to go to either Bury St Edmonds or Glasgow to get a hard copy. This will have two major repercussions for employers looking to defend […]
Good morning and welcome back to your weekly Case Law Update. Last week we looked at vicarious liability, Christmas parties and mitigation of losses. This week we will be looking at fixed term contracts. To mix things up, today’s case is a European Court of Justice (ECJ) judgment. The ECJ decides cases bought by individuals […]
Welcome back to Case of the Week. Last week we looked at constructive dismissal and this week we have two cases for you. The first concerns serial litigators, a very rare topic since the introduction of court fees and the second is about religion/belief discrimination. The question from this case is: Can a serial litigator be prevented […]
This is a rare example, in terms of case law at least, of sexual orientation discrimination. It is also an example of the court’s attitude towards litigants in person. Mr Kedziora, the Claimant worked as a cleaner for Servest Group, the Respondent, who provide cleaning services for numerous companies. The Claimant is gay and had […]
The question this week is Are employee’s personal social media accounts capable of bringing an employer’s reputation into disrepute? This is the first EAT case involving Twitter. The Respondent, GAME, has over 300 stores in the UK. Mr Laws, the Claimant, was employed as a risk and loss prevention investigator and was in charge of […]
This case at the EAT held an Employment Tribunal was wrong to consider evidence of discussions during without prejudice negotiations and reduce the employee’s award on the basis that if they hadn’t been unfairly dismissed, a compromise agreement might have been reached which would have terminated the employee’s employment in any event. Although not a […]
The EAT case of Ms Denise Simpson v Intralinks possibly stands as the first jurisdictional claim to be determined in respect of sex discrimination and/or equal pay where a choice of law clause exists in the contract. Ms Simpson’s contract of employment stated that applicable law would be German law and the place of jurisdiction […]
may no longer be on our screens but the actions of GCHQ are under scrutiny in Tribunal as an employee brings a claim for race discrimiantion – as reported in yesterday’s Telegraph. It will be interesting to see whether there will be reporting restrictions on some or all of the proceedings if any confidential matters […]
We have all observed the Tribunal service to be busy recently, with decisions about applications often taking some time to be made and cases being cancelled at short notice because of insufficient judges being available to hear the number of listed cases remaining in the list. This case beats any case I have been involved in for […]
Judge McMullen refers to the case of The Commissioner of Police of the Metropolis v Mr C Rixon as taking on a narrow point about an ‘arcane aspect’ of Employment Tribunal procedure. That alone is enough reason to dig deeper ……… Mr Rixon was a serving police officer granted anonymity at the Stockwell Tube inquest. […]
