Augustine Clement

Royal Mail Group Limited -v- Efobi (2021)UKSC 33

Race Discrimination  Burden of proof.  Justices Lord Hodge (Deputy President), Lord Briggs, Lady Arden, Lord Hamblen, Lord Leggatt Background to the Appeal This appeal raises two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may […]

Scottish Borders Housing Association Ltd v Caldwell  [2021] 7 WLUK 648

Contracts of employment Limitation Periods: Offers; Repudiation  SBHA Ltd attempted to negotiate changes to terms and conditions of employment with the recognized trade unions over a two-year period. As agreement could not be reached, SBHA Ltd arranged meetings with employees. On 18 September 2019, it wrote a letter to employees giving them the opportunity to […]

Gwynedd Council (Local Authority) v Barratt (respondent) [2021] EWCA Civ 1322

Unfair Dismissal Redundancy  Right of appeal Determining fairness in the circumstance under 98(4) of ERA 1996 The absence of an opportunity to appeal does not of itself make a redundancy dismissal unfair; absence of an appeal is one of many factors to be considered in determining fairness. In the instant case, an employment judge was […]

Huxley v 1) Eco-Eye Ltd 2) Mr T Pumphrey: EA-2019-001043-AT

Judgment concerning an appeal against a registrar’s order which granted an extension of time to a Claimant. The extension had been granted to allow the Claimants to appeal a decision despite their failure to comply with the Employment Appeal Tribunal Practice Directions. A claim form submitted by the Claimant was deemed to have been submitted […]

P2CG Ltd v Davis: EA-2019-000762-AT

Appeal concerning a Claimant’s complaints that they had been subject to direct discrimination on grounds of disability via their dismissal, amongst other issues including a failure to make reasonable adjustments and harassment relating to disability. The Claimant had been dismissed by the Respondent and brought several claims under the Equality Act 2010. These claims were […]

Adams & Others v Cornerstone Community Care: EA-2019-SCO-000111-SH

Judgment relating to an appeal against the rejection and reconsideration of a series of claim forms with incomplete early conciliation numbers. On 14 November 2019, the Employment Tribunal (ET) rejected a series of claims on the basis that they had failed to provide a full ACAS early conciliation number or confirm that the provision of […]

Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40

Justices Lord Reed (President), Lord Hodge (Deputy President), Lord Lloyd-Jones, Lord Kitchin, Lord Burrows Recession  Economic duress Background to the Appeal The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other […]

L Kong v Gulf International Bank (UK) Ltd EA-2020-000357-JOJ

Protected Disclosure Automatic Unfair Dismissal An employee claiming automatic dismissal on the grounds of making a protected disclosure under section 103A of the Employment Rights Act must show that the dismissal was caused by the protected disclosure. There must be a causal link between the detriment and the protected disclosure. This was the issue before […]

Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA

An employment tribunal must take judicial notice of the fact that women are less likely than men to be able to accommodate flexible working patterns because of childcare responsibilities. The fact that women bear the greater burden of childcare than men and that this can limit their ability to work certain hours. Background to Appeal D […]

Steer v Stormsure Ltd

The Court of Appeal has rejected the claim for interim relief in claims of sex discrimination after concluding that such any award would completely change how employment tribunals are handled. Lord Justice Bean, sitting in Steer v Stormsure Ltd, rejected the contention of claimant Sabrina Steer that she should have a right to seek interim relief. […]