Employment

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EMPLOYMENT LAW NEWS - 30 JULY 2014

Case Update :

Other developments: 

 

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A case on using an appeal to increase the severity of a disciplinary sanction

McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031: Contracts of Employment

In McMillan v Airedale NHS Foundation Trust the Court of Appeal has held that under the terms of a Trust’s disciplinary procedure, the sanction of final written warning upon Ms McMillan, an obstetrician, could not be increased to dismissal at the appeal hearing.

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Repayment of tribunal fees

Horizon Security Services Ltd v Ndeze and another UKEAT/0071/14: Enforcement: Employment Tribunals etc

Since 29 July 2014 fees must be paid in order to bring proceedings or to appeal to the EAT. The EAT Rules 1993/2854 (as amended) allow for the EAT to exercise a ‘broad discretion’ to make a costs order against the respondent in relation to all or part of the appellant’s fees.

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Ostensible authority of HR Consultant - HR Consultant had ostensible authority to bind council

Hershaw and others v Sheffield City Council UKEAT/0033/14: Contracts of Employment

The EAT in Hershaw and others v Sheffield City Council held that, in a case concerning a grievance brought in relation to the late communication about a pay dispute, the HR consultant dealing with the grievance had authority to make the statement she did about the level of pay.

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Age discrimination - Compulsory retirement age was objectively justifiable

Seldon v Clarkson Wright & Jakes UKEAT/0434/13: Equality Act 2010 & Discrimination

In a case that has spent some time journeying up to the Supreme Court and back to tribunal again, the EAT has upheld the tribunal’s decision in Seldon v Clarkson Wright & Jakes that a law firm’s compulsory retirement age of 65 was appropriate and reasonably necessary to achieve the legitimate aims of retention and planning.

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Disability - Severe obesity may constitute ‘disability’

FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund C-354/13: Equality Act 2010 & Discrimination

In a request for a preliminary ruling, the Advocate General has given his Opinion in this case that extreme, severe or morbid obesity could fall within the definition of disability under the Equal Treatment Framework Directive (2000/78/EC) even though there is no specific prohibition against discrimination on grounds of obesity.

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Constructive dismissal - Context is relevant to delay in resignation when considering constructive dismissal

Chindove v William Morrisons Supermarket plc UKEAT/0201/13: Contracts of Employment

In Chindove v William Morrisons Supermarket plc Mr Chindove, a warehouse operative, brought two claims against his employer: unfair dismissal and race discrimination/ harassment by another employee. Mr Chindove had resigned six weeks after the employer’s failure to properly deal with his complaint. During that period he had been off sick from work.

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Human rights - Request for blanket disclosure of convictions breaches human rights

R (on the application of T and others) v Secretary of State [2014] UKSC 35: Criminal Law Aspects

In R (on the application of T) v Secretary of State the Supreme Court found that Article 8 of the European Convention on Human Rights ‘ECHR’ (right to respect for private and family life) had been breached where two individuals, T and JB, were required to disclose warnings/cautions for minor offences committed years previously.

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Whistleblowing - Chartered Insurance Institute guidance on whistleblowing

The CII has published a useful best practice guidance paper on whistleblowing. The principles and guidance are not limited to the insurance industry, whilst specifically aimed at it. The paper forms part of the CII’s ethical guidance series and covers matters such as how to report concerns. It is supplemented by further guidance on how to respond to whistleblowing concerns and how to implement whistleblowing policies and arrangements.

Tribunal claim statistics - Reduction in tribunal claims

The number of claims brought to tribunal has continued to drop since fee introduction. The Ministry of Justice statistics for January to March 2014 show that the number of single claims has decreased by 59% compared to the same period in 2013. Later this year, Unison’s judicial review challenge to the fee charging system will be heard in the Court of Appeal, now strengthened by these new figures.

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