Forthcoming cases in the EAT for week commencing 30 August 2010

Other articles in Cases - Employment Appeal Tribunal:

• Commissioner of Police of the Metropolis v Buchanan - potentially criminal misconduct and dismissal

  An employee's acceptance of a "Penalty Notice Disposal" (in lieu of a criminal trial)  is unlikely to be sufficient on its own to establish that the relevant (mis)conduct justifies dismissal. 

  
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• Anwar v Tower Hamlets College - headaches, "frozen shoulder" and the meaning of "disability"

  When considering whether an impairment is "likely" to be long term for the purposes of the Disability Discrimination Act 1995, the availability of potentially effective treatment will be a relevant factor - but it is not the only relevant factor and on its own is not determinative.
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• Forthcoming cases in the EAT for week commencing 30 August 2010

  The Cause Lists, showing cases listed for hearing during week commencing 30th August 2010 in the EAT in England & Wales.
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• West Herts Hospitals NHS Trust v Evans - breach of 2004 statutory dismissal procedures and compensation.

  Under the now-repealed statutory disciplinary and dismissal procedures established by Employment Act 2002 Sch 2 Part 1 Chapter 1, a failure by an employer to state, in the "Step 1" letter, that the disciplinary hearing may result in the employee's dismissal will render dismissal automatically unfair, thereby entitling the employee to an uplift in the compensatory award.
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• Simpson v Endsleigh Insurance Services Ltd & Ors - maternity and redundancy dismissal

  In the process of establishing whether there is a "suitable alternative vacancy" (see Maternity and Parental Leave Regulations 1999, SI 1999/3312 reg 10 - "Redundancy during maternity leave")  for an otherwise-redundant employee returning to work after maternity leave  the employer can properly make its own fair, objective assessment of what is "suitable".  In this case a dismissal was not unfair.

  
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• Oso and Owoyemi v Newham University Hospital NHS Trust - unfair dismissal and race discrimination

  Judicial guidance in an unfair dismissal case to the effect that Employment Tribunals should focus upon what it was reasonable for the employer to have done is relevant in a discrimination case involving allegations that disciplinary proceedings were conducted in a discriminatory way.
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• Thomson v London Borough of Haringey - step 1 of the (now repealed/revoked) 2004 statutory dismissal procedures

  In considering whether an employer has complied with the now repealed statutory dismissal procedures, correspondence that is said by the employer to comply with Step 1 of those procedures can be read in conjunction with the contents of an earlier document that is clearly referred to.
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• Zinda v Governing Body of Barn Hill Community High and ors - extension of time limits for appeals to the EAT

  Whilst an appellant must satisfy the EAT that there is an exceptionally good reason for allowing an extension of time for filing an appeal against an employment tribunal's judgment,  it would be going too far to require the appellant to show that it was impossible to file the appeal before the expiry of the normal time limit.

  
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• JP Morgan Europe Ltd v Chweidan - disability related discrimination and direct disability discrimination on same facts

  An Employment Tribunal that has dismissed a claim for "disability-related discrimination" on the basis that there was no "less favourable treatment " cannot then uphold a claim for "direct disability discrimination" based on the same facts.

  
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• Tao Herbs & Acupuncture Ltd v Jin - unfair dismissal compensation

  The employer's ability to pay is not a factor which the Employment Tribunal ought to consider when determining how much compensation it is just and equitable to award under Employment Rights Act 1996 s.123.
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• Parfums Givenchy Ltd v Finch - (i) Burns/Barke Procedure; (ii) written particulars of employment and pre-1993 contracts

  • The statutory requirement to provide employees with written particulars of their employment does not apply if  the employee's contract commenced before 30th November 1993.
  • The Burns/Barke procedure (available where the EAT considers that there is possibly an inadequacy in the reasons given by an employment tribunal for its decision) must be used sparingly
  
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