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5 October 2015 0 Comments Posted in Employment, Opinion

Procedural deficiencies rectified on appeal can be fair.

Posted by , Partner

In Adeshina v St Georges University Hospitals NHS Foundation Trust and Others, the EAT has upheld an Employment Tribunal decision that the dismissal of the Claimant was fair where there were serious procedural failings at the first stage of the process which were rectified on appeal. The Tribunal was found to have paid sufficient attention to the nature and extent of the flaws and had been correct to conclude that these had been remedied by the appeal process. The EAT also upheld the Tribunal in finding that the fact that some members of the appeal panel did not meet the standards set out in the ACAS Code did not render the dismissal unfair.

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Associative Discrimination extends to Indirect Race Discrimination.

Posted by , Partner

An ECJ case, CHEZ Razpredelenie Bulgaria AD v Komisia za Zashtita ot Diskriminatsia, IDS 1026 page 15 has extended the principle of discrimination by association first made in Coleman v Attridge Law and Another from disability discrimination to indirect race discrimination.

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Travel time and peripatetic workers

Posted by , Partner

The case of Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL, the Advocate General’s Opinion on which was reported in a recent edition of the Update, has come before the ECJ, which has now issued its judgment. The ECJ has ruled that time spent by a worker without a fixed place of work in travelling between their home and the first and last work assignments should be counted as ‘working time’ for the purpose of protecting workers’ safety.

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26 August 2015 0 Comments Posted in Employment, Opinion

Holiday pay and sickness absence… again…

Posted by , Partner

The thorny chestnut of annual leave entitlement whilst someone is on long term sick has arisen again in the case of Plumb v Duncan Print Group Limited.

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Lack of jurisdiction for Afghan Nationals

Posted by , Partner

In R (on the application of Hottak and another) v Secretary of State for Foreign and Commonwealth Affairs and another, the High Court has held that Afghan interpreters who were working for the British Armed Forces in Afghanistan were not able to bring claims under the Equality Act on the basis of failing the test for territorial jurisdiction set out in the leading case on this area, Lawson v Serco. The Court held that the Claimants were not considered to have closer connections with Britain and British employment law than with Afghanistan and Afghan law.

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Extending time against various Respondents

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In Harden v Wootlif the Tribunal had to consider the situation where an extension of time was requested to lodge a claim against more than one Respondent in the same case. The employee lodged claims against the employer for direct discrimination and detriment for whistleblowing. However he also brought harassment claims against the employer and against Mr Harden who was the chairman of the employer – but these were lodged out of time. The Tribunal had to consider whether it was just and equitable to extend time under the Equality Act.

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Negligent solicitors failed to advise on jurisdiction

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In Wright v Lewis Silkin LLP, the High Court has held that the lawyers who were advising on the Employment Contract for the CEO of an Indian Premier League cricket franchise were in breach of their duty of skill and care in failing to advise on jurisdiction in the contract terms. The Claimant was dismissed and brought proceedings against the holders of the franchise in England; but there were challenges to service and jurisdiction and it took several years before he obtained judgment in the sum of around £10 million. He then struggled to enforce the judgment in India.

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Buses, wheelchair users and reasonable adjustments

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Readers will recall the recently commented on case of FirstGroup Plc v Doug Paulley and Mr Paulley, who made a complaint that the bus operator should be required to ask passengers with buggies to move out of the wheelchair space to make way for wheelchair users. A Court of Appeal found that the bus operator’s policy was merely to request this but not require it, and that this was not in breach of the Equality Act.

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What does “being at the employer’s disposal” actually mean?

Posted by , Partner

In Edwards v Encirc Limited the EAT has considered the meaning of “being at the employer’s disposal” in the context of the Working Time Regulations.

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6 August 2015 0 Comments Posted in Employment, News, Opinion

Zero hours contracts are “carefully monitored”

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Charities have defended their use of zero-hours contacts, following renewed scrutiny of flexible working arrangements. An increasing number of third sector organisations admit to employing staff on a zero-hours basis, but most say that they make up a small minority …

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27 July 2015 0 Comments Posted in Employment, Opinion

TUPE and meaning of “client”

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In Jinks v London Borough of Havering, the EAT had to consider who was the client for the purposes of a TUPE claim where a party contracts out a service which is then sub-contracted.

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Wasted costs order – beware inflating Claimant’s expectations!

Posted by , Partner

In Hafiz and Haque Solicitors v Mullick and another an Employment Tribunal made a wasted costs order against a solicitor based on an inference that an exaggerated schedule of loss drafted by the solicitor gave the Claimant unreasonable expectations as to what he might expect to receive if he won. In fact he did not – his claims of race discrimination and constructive dismissal were dismissed. The company applied for costs against the Claimant on the basis of a massively exaggerated schedule of loss of around £90,000. On several occasions the Respondent has pointed out to the Claimant that his schedule was unrealistic and made several offers of settlement, all of which were refused.

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