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In 2011, I suffered a significant, permanent, brain injury. Since then, I have learnt to walk, talk, and read again. This is that story.
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Written by: Verilaw Editorial | Reviewed by: Paul Sullivan | ⏱ 3 min read The Employment Appeal Tribunal (EAT) has dismissed Ms Rukhsana Pasha’s appeal against a Watford Employment Tribunal’s finding that her summary dismissal for gross misconduct was fair. The appeal concerned unauthorised database look‑ups by a long‑serving immigration enforcement officer, the application of…
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Employment Appeal Tribunal allows appeal in Bank of Africa UK PLC & Ors v Hassani The Employment Appeal Tribunal allowed the appeal by Bank of Africa UK PLC and two individual respondents, overturning findings that Ms Hassani had become an employee of the UK bank and had been automatically unfairly dismissed for whistleblowing. The Tribunal…
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The Supreme Court clarified the statutory interpretation of “incidental to” under section 356LA(3) of the Corporation Tax Act 2010, holding that accommodation services constituted an independent use rather than being merely incidental to tender assisted drilling operations. The decision establishes that for one use to be incidental to another, it must arise out of or be carried…
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The Employment Appeal Tribunal allowed an appeal where an employment judge erroneously treated complaints of disability discrimination and victimisation as amendment applications rather than addressing the correct statutory test for time extensions under the Equality Act 2010 (EqA). The EAT granted an anonymity order based on fresh medical evidence and remitted the matter for rehearing. Background JK,…
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The UK Supreme Court has established a clear-cut test for determining when lenders are put on inquiry in non-commercial hybrid transactions that combine joint borrowing and surety elements. Where any more than a de minimis portion of a loan serves to discharge one borrower’s debts, the transaction constitutes a surety requiring compliance with the Etridge protocol. Background…
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The Employment Appeal Tribunal dismissed the consultant’s claim for 40% of all client fees, finding that under a properly interpreted consultancy agreement, the appellant was entitled only to the percentage of fees attributable to his personal work, not work performed by other fee earners. Background Mr Dobbie, a solicitor, worked as a consultant for Feltons…
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The Employment Appeal Tribunal dismissed an appeal against a preliminary hearing determination that the employee’s refusal to wear face masks during the COVID-19 pandemic did not constitute a disability or belief discrimination. The Tribunal correctly applied legal tests to establish impairment and rejected claims that lacked medical evidence and a coherent philosophical foundation. Background The…
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The Employment Appeal Tribunal (EAT) found that the Certification Officer (CO) erred in law by refusing to accept applications challenging trade union disciplinary proceedings without following proper statutory procedure. The appeal succeeded on grounds that the CO cannot reject applications on merit without following the proper statutory framework. Background The Appellant, formerly Chair of the…
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The EAT upheld an Employment Tribunal’s decision that a British journalist who worked primarily in Asia until returning to London for medical treatment could bring claims against her US-based employer, but only for alleged wrongs after 1 March 2017, when London became her work base. Background The Claimant, a British citizen of Pakistani heritage, worked…
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The Employment Appeal Tribunal dismissed an appeal against the strike-out of whistleblowing detriment claims brought against external HR consultants who had conducted grievance and disciplinary processes but did not make the dismissal decision. Background The claimant, a director and employee of the first respondent hotel company made allegations of financial impropriety and was subsequently subjected…