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Court of Appeal decides that where an appeal is made from the EAT to the Court of Appeal costs do not follow
The Manchester College v Hazel & Anor [2013] EWCA Civ 281
Judicial Proceedings Immunity applied to the Respondent's witness statement in discrimination proceedings, thus not justifying resignation and a subsequent constructive dismissal claim
Singh v Reading Borough Council (Unfair Dismissal : Constructive dismissal) [2012] UKEAT 0540_12_1202
Equal pay claimants may file in the Civil Courts even though the employment tribunal time limit has lapsed
Birmingham City Council v Abdulla & Ors [2012] UKSC 47
The ET's dismissing a case of unfair dismissal and breach of contract for illegality without allowing submissions was a breach of natural justice
Sheibani v Elan & Co LLP (Practice and Procedure : Bias, misconduct and procedural irregularity) [2012] UKEAT 0133_12_1307
A tribunal may refuse to allow the late calling of further witnesses in the absence of a proper explanationment is preserved even after a temporary cessation of work followed by different work for an associated employer
North Bristol NHS Trust v Harrold (Practice and Procedure) [2012] UKEAT 0548_05_1909
Privilege was not waived even after answering an ET panel question
Gallop v Newport City Council (Practice and Procedure : Admissibility of evidence) [2012] UKEAT 0586_10_1907
Procedure for Claiming for loss of a death in service benefit which may be brought despite the employee dying shortly after being unfairly dismissed
Fox v British Airways Plc (Unfair Dismissal) [2012] UKEAT 0033_12_3007
A Claimant must co-operate with an employment tribunal's order to obtain medical evidence or risk a strike out
GCHQ v Bacchus (Procedure and Disability Discrimination) UKEAT/0373/12/LA
A tribunal must allow parties to notify of hearing dates to avoid
University Of East Anglia v Amaikwu [2012] UKEAT 0361_12_2507
Claimant in race and disability discrimination case could not postphone PHR after criminal trial postphoned
Firouzian v Metroline Travel Ltd (Unfair Dismissal) [2012] UKEAT 0233_12_2305
ET thought it unfair dismissal, the EAT agreed with the majority wing members
McCafferty v Royal Mail Group Ltd (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0002_12_1206
Employment judges may sit alone for unfair dismissal hearings 09/05/2012
Stay lifted for ET and High Court overlapping claims for unfair dismissal, automatic unfair dismissal (protected disclosures) & holiday pay under the Working Time Regulations
Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524
A concession or withdrawal by a Claimant must be 'clear, unequivocal and unambiguous'.
Segor v Goodrich Actuation Systems Ltd (Practice and Procedure : Withdrawal) [2012] UKEAT 0145_11_1002
The date that an employee resigns is to be taken as the effective date of termination (EDT)
Horwood v Lincolnshire County Council [2012] UKEAT 0462_11_0304
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
Employment Tribunal Written Reasons must contain sufficient detail to understand the decision
Greenwood v. NWF Retail Ltd [2011] UKEAT/0409/09/JOJ
Where an employee alleges unlawful conduct by his employer to his employer's own solicitor this can not be considered defamatory.
Wallis & Anor v Meredith [2011] EWHC 75 (QB)
Employment tribunal under no obligation to transfer unfair dismissal, racial discrimination and religious discrimination case to the tribunal nearest the workplace
Faleye & Anor v UK Mission Enterprise Ltd & Ors [2010] UKEAT 0359_10_0809

Guidance regarding the reading of witness statements aloud in tribunals has been given by Underhill P President the Employment Appeals Tribunal. He believes that this "wastes the time of the Tribunal and the parties" without achieving much of value. He recommends rather that where necessary parts of statements e.g. technical passages be read aloud when necessary. This might also be necessary in elucidating statements made by unrepresented litigants. Individual tribunals will decide whether to take statements as read where the parties' lawyers wish for this.

The effective date of termination is not necessarily when a letter is received, but when it can reasonably be expected to have been read
Gisda Cyf v Barratt [2010] UKSC 41
An employer can not plead its own irrationality in seeking to amend a compromise agreement
Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678
Time limits may be extended following wrong information from an employer (but not an adviser)
Northamptonshire County Council v Entwhistle [2010] UKEAT/0540/09/ZT
Litigation privilege applies to advice from consultants and lawyers from the time litigation becomes an issue
Scotthorne v. Four Seasons Conservatories (UK) Ltd [2010] UKEAT 0178_10_1405
The disclosing of without prejudice communications
Woodward v Santander [2010] UKEAT/0250/09/ZT
Criterion for awarding uplifts under the Dispute Resolution Procedures
Lawless v Print Plus [2010] UKEAT/0333/09/JOJ
When deciding whether to allow an amendment the lateness of the application is only one factor to be taken into account by the employment judge
Baker v The Commissioner of Police of The Metropolis [2010] UKEAT 0201_09_0502
A discrimination case may not proceed on the mere possibility that evidence might emerge during cross examination
ABN Amro Management Services v Hogben [2009] UKEAT 0266_09_0111
Review of sanctions application: the judge does not have to expressly consider each factor set out in CPR 3.9
St Albans Girls School & Anor v Neary [2009] EWCA Civ 1190
'Subcontractors' were employees - perversity appeals and the judge's notes
Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046
Contract was ultra vires but employee still able to pursue unfair dismissal claim under ERA 96
Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108

Equal Pay - New Comparators constitute the addition of a new cause of action; they vary (not terminate) Contracts   -   Potter v N.Cumbria NHS TRUST

Employment tribunals will first consider whether the case is in time.
Farr v Ryefell Ltd - EAT - [2009]

Starting off on the wrong foot - the little details are important    -   Chowles v West

The tribunal must not elaborate when answering questions put by the EAT (Burns-Barke procedure) - WOODHOUSE SCHOOL v WEBSTER - [2009] EWCA Civ 91

Tribunals should “give reasons which are candid, intelligible, transparent and coherent”
Internal Appeal Ending On Last Day Did Not Prevent 3 Month Extension
Ashcroft v Haberdashers - EAT 2008

Sleight Of Hand Given Thumbs Down By Employment Appeals Tribunal
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