employment-appeal-tribunal
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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 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 (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…
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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…