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Weddall v Barchester Healthcare Ltd, Wallbank v Wallbank Fox Designs Ltd - vicarious liability for violent employees
Cases - Other - 24/01/12
Whether an employer is vicariously liable for a criminal assault by one of his employees on another will depend on whether there is a sufficiently close connection between the assault and the employment (such as the spontaneous violent reaction to a lawful instruction given in the workplace). The principle of vicarious liability is limited as a matter of policy, and each case will turn on its own facts.
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Roberts v North West Ambulance Service - no requirement that PCP be specifically applied to disabled person
Cases - Employment Appeal Tribunal - 24/01/12
In disability discrimination reasonable adjustments cases, the primary question is whether a provision, criterion or practice (PCP) was applied by the employer that placed the disabled person at a substantial disadvantage - if so, the duty to make reasonable adjustments is triggered. There is no requirement that the PCP actually be applied to the disabled person, and substantial disadvantage may still be caused even if the disabled person has been specifically exempted from it.
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Amin v Wincanton Group Ltd - failure to provide full F&BPs does not go to the tribunal's jurisdiction.
Cases - Employment Appeal Tribunal - 25/01/12
An employment tribunal has no jurisdiction to consider a complaint which has not been pleaded at all. However, the failure to include a matter in Further & Better Particulars, even where these have been ordered to set out the complete allegations in the case, does not deprive the tribunal of jurisdiction to consider that matter provided it was an allegation in the original claim. The Respondent's remedy is to apply to strike out that part of the claim for failure to comply with the order to provide F&BPs.
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Whitbread v Lancashire Teaching Hospitals NHS Foundation Trust - from when does 42 day appeal time limit run?
Cases - Employment Appeal Tribunal - 23/11/11
(i) An appeal to the EAT must be lodged within 42 days of the date that the tribunal judgment was sent to the parties (not the date the judgment was entered in the Register);
(ii) It is not reasonable to await the outcome of a Review before lodging Notice of Appeal (and thus seek an extension of the time limit for doing so) - an appeal should be lodged in any event.
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Sharma v New College Nottingham - deposit should not be ordered where central core of facts is in dispute
Cases - Employment Appeal Tribunal - 01/12/11
An employment tribunal should approach the question of ordering a deposit for a claim to continue in the same was as it would striking it out completely: if there is a disputed central core of facts the matter should proceed to a full hearing without such an order, which is "serious and potentially fatal" to a claim.
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