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The Employment Appeal Tribunal partially upheld an appeal concerning an overlooked disability discrimination complaint, whilst rejecting arguments that the respondent’s failure to offer ward-based roles during the pandemic constituted unfair dismissal. Background The Appellant commenced employment with the Respondent in 1999, working as a Surgical Site Surveillance Nurse from 2014 until her dismissal for redundancy…
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The Supreme Court unanimously determined that “man,” “woman,” and “sex” in the Equality Act 2010 refer exclusively to biological sex, finding that a “certificated sex” interpretation would render numerous provisions incoherent and impracticable to operate, particularly those concerning pregnancy, single-sex spaces, sports participation, and public sector equality duties. Background This appeal stemmed from a challenge…
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The Court of Appeal determined that a boundary demarcation agreement between previous property owners binds successors in title regardless of their knowledge of the agreement, reinforcing that such agreements define the extent of the land transferred. Background The dispute concerned neighbouring properties in Essex, where predecessors in title had orally agreed to the location of…
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The Upper Tribunal allowed an appeal against the First-tier Tribunal on notice period and work obligation but still found that a locum urologist was in an employment relationship under the hypothetical contract test. Background Mr Mantides, a urologist, provided locum services to Royal Berkshire Hospital (RBH) through his personal service company. HMRC determined that IR35…
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Union official racially abused by employee during dispute over union subscriptions. Appeal against tribunal’s finding that comments were not made “in the course of employment” and that employer had statutory defence of taking “all reasonable steps” to prevent discrimination. Background The appellant, employed as Branch Secretary of UNISON, was racially abused by the second respondent…
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The Court of Appeal determined whether English courts have jurisdiction to hear Tesla’s claims seeking declarations on “fair, reasonable and non-discriminatory” (FRAND) terms for SEPs available through the Avanci 5G Platform. By majority (Phillips LJ, Whipple LJ; Arnold LJ dissenting), the appeal was dismissed, establishing limitations on the English courts’ jurisdiction over patent pool licensing…
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The Court of Appeal held that an Employment Tribunal does not breach its duty by restricting its determination to claims contained in an agreed list of issues where those claims comprehensively represent issues raised in the statements of case, notwithstanding a party’s unrepresented status. Background The appellant, employed as a senior administrator (2001-2019), developed a…
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UKSC. State immunity. Diplomatic missions. Sovereign authority. Appellate duty. The UKSC has considered the extent of state immunity in employment disputes, adopting a dual-pronged test for determining when administrative embassy staff fall outside sovereign immunity protection whilst placing a procedural obligation on appellate courts to address immunity claims sua sponte. Background Mrs Costantine, a dual…
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Think about it for a second, if you wanted to buy a product, who would you trust more? Is it something you read on Google, or is it a friend you know who has used the product before? Would you trust a stranger more, or would you trust a family member? The answers to these…
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Employment Law, Maternity, Discrimination, Vento bands, Grievance procedure. The Employment Appeal Tribunal allowed an appeal against a manifestly excessive award of £10,000 for injury to feelings, substituting it with £2,000 plus interest. This judgment provides authoritative guidance on assessing injury to feelings awards in discrimination cases, particularly the relationship between the manner of discrimination and…