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3rd October 2011

Joint and Several Liability for Discrimination by the Board and guidance in respect of aggravated damages

In Bungay and Paul v. Saini and others UKEAT/0331/10 the EAT held last week that a business can be vicariously liable for acts of its agents, even though the business had not authorised the agents to discriminate.  In this case the EAT agreed with the Tribunal and also found that the directors…
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3rd October 2011

Potential Employment Law Reform Announced

The government has published a document called 'One-In, One-Out, Second statement of new Regulation’.   In relation to employment law, the government confirmed it intends to consult on removing Equality Act requirements for businesses to take reasonable steps to prevent harassment of their…
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3rd October 2011

Unfair Dismissal Qualification Period to be Two years

Following on from Last Week’s “One in, One out” report, Chancellor George Osborne has today announced that there will be a fee charged for bringing a claim in the Employment Tribunal from April 2013.  While the government says that it will be consulting on the amount charged from November…
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7th October 2011

Anonymity in Tribunals

In F v G [2011] UKEAT/0042/11 the EAT were asked to decide when orders for restrictions on reporting and/or anonymity can be made both within and outside the ambit of Rule 49 (anonymity orders in cases involving allegations of sexual offences) and Rule 50 (temporary restrictions on reporting in…
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7th October 2011

The Cost of Adjustments Can Make Them Unreasonable

In Cordell v Foreign & Commonwealth Office UKEAT/0016/11 the EAT has upheld the decision of the Tribunal that it was not direct discrimination of a deaf employee, a senior diplomat, and the Respondent did not to or breach its duty to make reasonable adjustments, when it withdrew its offer to the…
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27th October 2011

Whistleblowing: Important Case

According to the Court of Appeal in NHS Manchester v. Fecitt and Ors [2011] EWCA Civ 1190 the correct test to be applied in whistleblowing cases brought under section 47B of the Employment Rights Act 1996 is: whether the protected disclosure materially influences (in the sense of being more than a…
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27th October 2011

The importance of mitigation

In Debique v. Ministry of Defence UKEAT/0075/11/SM, the EAT held that a refusal by the Claimant (who had been successful in her claims for unfair dismissal and sex discrimination at tribunal) to accept an offer, made by the MoD during her period of notice, of a posting which would have provided…
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27th October 2011

Reinstatement and Reengagement

In the case of King v. Royal Bank of Canada Europe Ltd  UKEAT/0333/10/DM the EAT held that although the employment tribunal awarded compensation for RBC’s unfair dismissal of the Claimant, its failure to deal with the remedies of reinstatement and reengagement constituted a "striking omission"…
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27th October 2011

Judge and Jury on disciplinary panels?

In R (on the application of Kaur) v. (1) The Institute of Legal Executives Appeal Tribunal (2) The Institute of Legal Executives [2011] EWCA Civ 1168 (a judicial review decision) the Court of Appeal has held that a member of the ILEX Council should not participate in disciplinary hearings against…
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27th October 2011

Employer cannot withdraw a notice of termination issued by "mistake"

In C.F. Capital plc v Willoughby [2011] EWCA Civ 1115 the Court of Appeal unanimously held that an employer could not retract a termination notice which was issued as a result of a misunderstanding, since there was no "special circumstance" entitling the employer to do so. The employer had sent the…
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27th October 2011

TUPE or not TUPE?

In Smith and Others v. Trustees of Brooklands College UKEAT/0128/11/ZT the Claimants were teaching assistants, employed by Spelthorne College. Unusually, they were paid as full time employees when they only worked part time. In August 2007 the college was transferred, under TUPE, to Brooklands. …
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27th October 2011

Threat of High Court proceedings mean employment tribunal proceedings stayed

In  PaymentShield Group Holdings Limited v Halstead UKEAT/0470/11/DM and UKEAT/0471/11/DM,  the EAT held that employment tribunal proceedings should be stayed when there are threatened High Court proceedings arising from the same facts, but which have not yet been issued.  Mr Halstead had issued…
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