The ET needed to determine the reasons why a flexible timetable did not constitute disability discriminationOgden Tables may be acceptable to determine pension loss where cogent reasons are given | |||
Chief Constable Of West Midlands Police v Gardner (Disability Discrimination : Reasonable adjustments) [2011] UKEAT 0174_11_1910 | |||
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28/11/2011 An employment tribunal may use a flexible approach when calculating pension loss. This may include using different tables to those in 'Compensation for Loss of Pension Rights Employment Tribunals' (Langstaff J - obiter). Guidance was given regarding the calculating of pension loss on the basis of 'substantial loss' but using different multipliers . The Claimant's appeal criticised what it termed a 'pick and mix' approach to calculating pension loss. The EAT rejected the Claimant's claim that the tribunal had wrongly used a 'pick and mix' approach when calculating pension loss. The EAT noted only that if a tribunal departs from the established approach it must be explain why and for what reason(s). Such departures are only to happen when "the interests of justice require" this. |
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| Transcript of the judgement:- Chief Constable Of West Midlands Police v Gardner (Disability Discrimination : Reasonable adjustments) |
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| 2011 Ogden Tables may be acceptable to determine pension loss where cogent reasons are given - Chief Constable Of West Midlands Police v Gardner [2011] UKEAT 0174_11_1910 A holiday must be taken within a reasonable time period or the holiday will cease to be considered as providing a rest from work, but rather "a period of relaxation and leisure" - KHS AG v Schulte ECJ Case C-214/10 The emasculation of the employment tribunal system is the next stage on the road to a fundamental undermining of workers' rights and protections in Britain The level of compensatory award for unfair dismissal must be 'grossed up' before the application of the statutory cap. - Hardie Grant London Ltd v Aspden [2011] UKEAT 0242_11_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation) - Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations an employee must have already have stated an intention to take it. - Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Claimants with Before the Event Insurance may choose their own solicitor - Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661 The High Court issues guidance as to when contractual provisions are valid - Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB) Disciplinary processes must be conducted fairly and without undue delay - Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim - Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309 Whistleblowers are not protected against victimisation by fellow workers - NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 |
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