Dimitriu v Testerworld Ltd

Another Friday is upon us which means it is time for another case law update. A look at some recent judgments showed some very technical and convoluted cases which would frankly make for boring reading. Given this week’s easing of the lockdown restrictions was confusing enough – does anyone else feel that if Boris Johnson [...]

By |2020-05-22T09:02:31+00:00May 22nd, 2020|Case of the Week - Blog|0 Comments

Harrison v Aryma Ltd

Greetings and welcome back to another weekly case law update. Last week we looked at harassment on several grounds including race, sex and sexual harassment. This week we are looking at settlement agreements and tribunal procedure regarding the admissibility of evidence. Long-time readers may remember the case of Bailey v Faithorn Farrell Timms LLP which […]

Science Museum Group v Wess

Hello and welcome back to your weekly case law update. Is it too early to start saying weekly again? We are now in back to back updates, after all! Last week, as an apology for being incommunicado, we had three cases for you concerning holiday pay, unlawful deductions and shared parental leave.

Lowry Beck Services Ltd v Brophy

Our next case is another update concerning tribunal procedure (cheers/groans), this time focusing on the electrifying, high-octane world of limitation dates. For those of you who aren’t familiar with how limitation works for employment tribunal claims, much of the background law is summarised in our previous update of DHL v Fazackerley. The question in this [...]

Haydar v Pennie Acute NHS Trust

Our next case concerns time limits and limitation dates for ET proceedings. We rarely cover procedural cases because they don’t often impact employers and are also full of dull jargon. However, this case could be of some use. After receiving the judgment in an Employment Tribunal claim, the losing party then has 42 days to […]

By |2019-12-23T20:01:04+00:00August 2nd, 2018|Case of the Week - Blog, Tribunal Procedures|0 Comments

DHL Supply Chain Ltd v Fazackerley

Hello and welcome back to your weekly case law update. Last week we looked at constructive dismissal and pay cuts. This week we are looking at a procedural case about bringing claims out of time. A few weeks ago, we covered a case about limitation dates and ACAS Early Conciliation. Not only do prospective Claimants […]

Case Management

Tribunals have a wide discretion to manage cases in accordance with the overriding objective – dealing with cases quickly, fairly and cost effectively. This case at the EAT is an example of a Tribunal going a step too far in trying to avoid a long hearing by limiting the number of allegations of discrimination the Claimant […]

By |2019-12-29T18:30:26+00:00September 8th, 2011|Tribunal Procedures|0 Comments

The downside of strike out applications..

Tribunals are loath to strike out claims without having heard the evidence unless the claim is obviously misconceived (with undisputed facts) or there have been persistent and flagrant breaches of Tribunal orders. Therefore in the overall majority of cases applying for a strike out is  a waste of breath, costs and Tribunal resources. In this […]

By |2019-12-30T10:06:33+00:00June 12th, 2009|Tribunal Procedures|0 Comments

Tribunal Procedure

I was at Tribunal yesterday and an interesting issue arose that I have never had before.  We were listed for a full hearing but were told there was a panel member missing.  We still had the Judge and one lay member who was the trade union representative. The hearing could proceed provided both parties consented […]

By |2019-12-30T10:38:28+00:00February 13th, 2009|Tribunal Judgments, Tribunal Procedures|0 Comments

Beyond the grave….

This case is a rather sad reminder that Tribunal claims can still be brought, even if the Claimant has died. The personal representatives of the deceased can still bring the claim to tribunal. The practical difficulty may be the lack of oral evidence that can be subjected to cross examination.

By |2019-12-30T10:42:27+00:00January 12th, 2009|Tribunal Procedures|0 Comments

Employment Tribunals: When is a deadline not a deadline? Tribunal Time Limits

The EAT in COMPASS GROUP UK AND IRELAND LTD T/A SCOLAREST EDUCATIONAL FOODSERVICE v MR I WILSON has held that an Employer who failed to send in its ET3 response form within the 28 day time limit (and was therefore debarred from defending the claim), but later requested a review of the Tribunal’s decision to […]