4 September 2017

Another case on the early conciliation regime and errors


In Chard v Trowbridge Office Cleaning Services Ltd, the EAT held that a tribunal should have found that the difference between the respondent’s name on an early conciliation (EC) certificate and on the subsequent ET1 claim form was a ‘minor error’ under rule 12(2A), such that the claim need not have been rejected. The error…
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25 August 2017

News shortly to follow on the ET regime refund arrangements – the stay has been lifted


The Presidents of the Employment Tribunals have issued further Case Management Orders, lifting with immediate effect the blanket stay (sist in Scotland) on all tribunal claims or applications brought in reliance on the Supreme Court’s decision in R (on the application of Unison v Lord Chancellor [2017] UKSC 51. Any applications for reimbursement of fees,…
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22 August 2017

ET claim revived under no fee regime


In Dhami v Tesco Stores Limited, Ms Dhami sued Tesco for disability and age discrimination in the Employment Tribunal. She applied for a fee remission but her application was rejected and her case was thrown out when she could not pay the fees.   The Supreme Court ruled in the Unison case that the Government’s employment…
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14 August 2017

Hell & damnation preaching is not religious discrimination


Is it direct or indirect religious discrimination to discipline an employee who condemns homosexuality and speaks of repentance during a Prison church service? No, held the EAT in Trayhorn v The Secretary of State for Justice. The Claimant, a Pentecostal Christian, was disciplined for elaborating on a passage from Corinthians 6 which condemned homosexuality. He…
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9 August 2017

Yes we can! … appoint a litigation friend in the Employment Tribunal


Can a rule be implied into tribunal rules to provide for the appointment of a litigation friend? Yes, held the Court of Appeal in AM (Afghanistan) v Secretary of State for the Home Department, an asylum case. In the present case Underhill LJ declared a strong view that his own view on this in Johnson…
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7 February 2017

EAT rules on the extent of an employer’s duty to make reasonable adjustments


An employer’s duty to make reasonable adjustments is a fundamental aspect of disability discrimination legislation. Its purpose? To create a level playing field so that disabled people can work alongside their non-disabled colleagues without suffering a disadvantage.  Equality law at its best. We know that the duty requires employers to take proactive steps to remove…
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6 February 2017

Religion and holidays: Gareddu v London Underground Ltd


The EAT has held in Gareddu v London Underground Ltd that the employer did not indirectly discriminate against its employee when it declined to grant him 5 weeks’ consecutive holiday to attend 17 religious festivals. The Claimant was a Roman Catholic from Sardinia and he had been granted extended leave to attend the Sardinian based…
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3 February 2017

Women Returners – the APPG makes its recommendations, will Government listen?


The ‘Women and Work’ All Party Parliamentary Group (the APPG) was launched at the beginning of 2016 by MPs Flick Drummond and Jess Phillips to investigate the difficulties faced by women returning to work after 6 months or more away whether due to maternity or caring responsibilities. At the end of January the APPG published…
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