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Employment law [2014] UKEAT 0309_14_1112

Afolabi v London Borough Of Barking And Dagenham (Jurisdictional Points : 2002 Act and pre-action requirements)

Afolabi v London Borough Of Barking And Dagenham (Jurisdictional Points : 2002 Act and pre-action requirements) [2014] UKEAT 0309_14_1112 (11 December 2014)

The EAT held that a statutory grievance procedure point could be raised at the start of the hearing, if the claimant had a fair chance to answer it.

  • Statutory grievance procedure
  • Jurisdictional points
  • Practice and procedure
  • Costs
  • Constructive unfair dismissal
  • Whistleblowing
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Employment law [2012] UKEAT 0099_12_1010

Abercrombie & v AGA Rangemaster Ltd (Jurisdictional Points : Extension of time: reasonably practicable)

Abercrombie & v AGA Rangemaster Ltd (Jurisdictional Points : Extension of time: reasonably practicable) [2012] UKEAT 0099_12_1010 (10 October 2012)

The appeal was dismissed. Temporary reduced-hours arrangements changed the workers’ normal working hours, no guarantee payment was due, and the Tribunal lacked jurisdiction over the unlawful deduction claim.

  • Unlawful deduction from wages
  • Statutory grievance procedure
  • Guarantee payments
  • Extension of time
  • Employment-law
  • Guarantee-payments
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Employment law [2011] UKEAT 0029_10_1301

West Dunbartonshire Council v Smith & Ors (Practice and Procedure : 2002 Act and pre-action requirements)

West Dunbartonshire Council v Smith & Ors (Practice and Procedure : 2002 Act and pre-action requirements) [2011] UKEAT 0029_10_1301 (13 January 2011)

The EAT held that changes between grievance comparators and ET1 comparators required a qualitative correlation exercise, and equal value claims not raised in grievances could not proceed.

  • Equal pay
  • Statutory grievance procedure
  • Jurisdictional compliance
  • Equal-pay
  • Statutory-grievance-procedure
  • Employment-act-2002
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Employment law [2010] UKEAT 0318_10_0612

Okoro & Anor v. Taylor Woodrow Construction Ltd & Ors

Okoro & Anor v. Taylor Woodrow Construction Ltd & Ors [2010] UKEAT 0318_10_0612 (6 December 2010)

Employment Appeal Tribunal preliminary hearing on postponement, time to appeal, continuing discrimination, and wasted costs.

  • Postponement or stay of proceedings
  • Appellate jurisdiction
  • Race discrimination
  • Continuing act doctrine
  • Employment status
  • Statutory grievance procedure
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Employment law [2010] UKEAT 0022_10_0511

Parmar v East Leicester Medical Practice

Parmar v East Leicester Medical Practice [2010] UKEAT 0022_10_0511 (5 November 2010)

The Employment Appeal Tribunal held that the statutory grievance procedure applied to a post-termination victimisation claim under the Race Relations Act 1976.

  • Statutory grievance procedure
  • Post-termination victimisation
  • Race relations act 1976
  • Employment act 2002
  • Employment-law
  • Discrimination-law
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Employment law [2010] UKEAT 0027_10_0311

Dundee City Council v McDermott & Ors (Equal Pay Act : Equal value)

Dundee City Council v McDermott & Ors (Equal Pay Act : Equal value) [2010] UKEAT 0027_10_0311 (03 November 2010)

The EAT held that where grievances named comparators and ET1 forms named materially different comparators, the tribunal had to assess whether the claims matched.

  • Equal pay
  • Statutory grievance procedure
  • Jurisdictional requirements
  • Comparator specification
  • Equal-pay
  • Statutory-grievance-procedure
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Employment law [2010] UKEAT 0121_10_1009

Birch & 99 Others v Walsall Metropolitan Borough Council & Ors

Birch & 99 Others v Walsall Metropolitan Borough Council & Ors [2010] UKEAT 0121_10_1009 (10 September 2010)

The EAT held that equal pay grievance documents containing both complaints and questions were valid only as to the grievance part; regulation 14 excluded the questions, not the whole document.

  • Equal pay
  • Statutory grievance procedure
  • Jurisdictional bar
  • Dispute resolution
  • Sex discrimination
  • Equal-pay
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Employment law [2010] UKEAT 0005_10_2406

East Dunbartonshire Council v Trade Union Backed Claimants & Anor (Equal Pay Act : Article 141 or European law)

East Dunbartonshire Council v Trade Union Backed Claimants & Anor (Equal Pay Act : Article 141 or European law) [2010] UKEAT 0005_10_2406 (24 June 2010)

The EAT held that time bar does not automatically prevent amendment of equal pay claims, but the tribunal had erred on grievance-related compensation reduction.

  • Equal pay act
  • Amendment of claims
  • Time bar
  • Statutory grievance procedure
  • Discretion to amend
  • Compensation reduction
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Employment law [2010] UKEAT 0174_09_2104

Drs Burton, McEvoy and Webb (A Partnership) v. Curry

Drs Burton, McEvoy and Webb (A Partnership) v. Curry [2010] UKEAT 0174_09_2104 (21 April 2010)

The Employment Appeal Tribunal upheld a finding of constructive unfair dismissal after the employer removed core management duties, but reduced compensation by 10%.

  • Unfair dismissal
  • Constructive dismissal
  • Statutory grievance procedure
  • Compensation assessment
  • Polkey deduction
  • Constructive-dismissal
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Employment law [2010] UKEAT 0251_09_1902

Fullerton v. Interights International Centre for The Legal Protection of Human Rights

Fullerton v. Interights International Centre for The Legal Protection of Human Rights [2010] UKEAT 0251_09_1902 (19 February 2010)

The EAT held that Ms Fullerton’s discrimination and harassment complaints should not have been compartmentalised, and that time-bar issues should go to the merits hearing.

  • Jurisdictional requirements
  • Statutory grievance procedure
  • Time limits
  • Extension of time
  • Race discrimination
  • Sex discrimination
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