Tag Archives: Employment Appeal Tribunal

Less favourable treatment on its own cannot amount to discrimination

Section 39(2) of the Equality Act 2010 states that an employer cannot discriminate against an employee in any aspect of their employment. This includes terms and conditions, benefits, opportunities for promotion, reasons for dismissal or by subjecting them to any … Continue reading

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The Role of Human Resources in Disciplinary Proceedings – The risks of crossing the line

A recent Employment Appeal Tribunal decision has provided a reminder of the role of Human Resources in disciplinary proceedings. In February 2012, Mr Ramphal (the Claimant) was selected at random for an audit of his transport and subsistence claims.  He … Continue reading

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Post-Employment Victimisation – the case continues…

The issue of whether the Equality Act 2010 (EA 2010) covers post-employment victimisation has recently been reconsidered by the Employment Appeals Tribunal in Onu –v- Akwiwu and another. The EAT held that the natural meaning of the EA 2010 was … Continue reading

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Dismissal following a second disciplinary procedure may be fair in exceptional circumstances

In the recent case of Christou and another-v-London Borough of Haringey the Court of Appeal rejected claims by the two social workers responsible for the safety of Baby P prior to his death in 2007 that they had been unfairly … Continue reading

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Equality Act 2010 does not cover post-employment victimisation

In Rowstock Ltd –v Jessemey, the Employment Appeals Tribunal (EAT) has held that the Equality Act 2010 does not provide protection against post-employment victimisation, which is expressly excluded from provisions of the Act. This case follows a decision to the … Continue reading

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Internal Appeals and Dismissal

The recent EAT decision in Piper –v- Maidstone & Tunbridge NHS Trust held that in some cases a lesser penalty imposed on an appeal did not expunge the employee’s original dismissal. Reverend Piper was employed as a chaplain and dismissed … Continue reading

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Retirement conversations did not amount to age discrimination

In the case of Quick –v- Cornwall Council and another, the Tribunal dismissed claims of unfair dismissal and age discrimination on the basis that conversations relating to retirement were not discriminatory. In April 2011 the default retirement age was abolished … Continue reading

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What is ‘normal remuneration’ during periods of annual leave?

The Supreme Court has recently handed down judgment in British Airways- v- Williams and others and in so doing, overturned the Court of Appeal’s decision that BA was not in breach of the Civil Aviation (Working Time) Regulations (the Aviation … Continue reading

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When does TUPE apply in an administration scenario?

The recent EAT case of SNR Denton v Kirwan considered whether a service provision change under TUPE had taken place where administrators appointed solicitors to do work previously carried out by the company’s in-house lawyer. Ms Kirwan was the Director … Continue reading

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Equal Pay Claims – limitation extended to 6 years from termination of employment

The landmark ruling in Birmingham City Council –v- Abdulla and others has confirmed that equal pay claims that would usually be out of time if brought in the employment tribunal can proceed as a breach of contract in the High … Continue reading

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