Cases - Employment Appeal Tribunal
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Barnes v (1) Martello Professional Risks Ltd & Others (2) Parabis Law LLP - misunderstanding as to purpose of PHR in TUPE claim was ground for review
08/09/09
Two distinct points arise from this case: (1) where there is consultation under TUPE with a recognised trade union, only that trade union (and not individual employees) have the right to complain under TUPE 2006 Reg 15 about a failure to consult; (2) a genuine misunderstanding of the nature of a hearing, not only by a party but also by the judge, is a proper ground for concluding that the interest of justice require a review.
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Forthcoming EAT cases in the week commencing 14th December 2009
14/12/09
The Cause Lists showing cases listed for hearing during week commencing 14th December 2009 in the EAT in England & Wales.
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Industrious Ltd v (1) Horizon Recruitment Ltd (2) Vincent - tribunal had jurisdiction to consider validity of Compromise Agreement
11/12/09
An employment tribunal has jurisdiction to ensure that a purported Compromise Agreement is genuinely valid, which includes considering whether or not it was entered into under a misrepresentation.
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Sahota v Home Office and Pipkin - IVF treatment and sex discrimination/harassment
15/12/09
IVF is a form of medical treatment for infertility and should not of itself be treated as equivalent to pregnancy. Absence due to IVF treatment therefore generally falls to be treated as sickness absence in the usual way.
