practice and procedure
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Michalak v The General Medical Council & Ors [2016] EWCA Civ 172
The question to be determined in this case was whether the ET has jurisdiction to hear a complaint against a qualifications body under section 120 EA 2010, or whether the ET's jurisdiction is ousted by section 120(7) EA 2010 because of the availability of judicial review. There are two related matters which can be summarised as follows: first, what was Parliament's intention in enacting section 120(7) EA 2010 (and comparable clauses in the precursor legislation) and second, does the opportunity to commence judicial review proceedings against a qualifications body constitute 'proceedings in the nature of an appeal' for the purposes of section 120(7)?
- cases
01/04/2016 11:23
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Kilraine v London Borough of Wandsworth UKEAT/0260/15/JOJ
Appeal against the dismissal of the Claimant’s claims of unfair dismissal on the grounds of making protected disclosures. Appeal dismissed.
- cases
30/03/2016 10:16
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R v W UKEAT/0198/15/JOJ
Appeal against the dismissal of the Claimant’s claims of disability discrimination by reason of failure to make reasonable adjustments, discrimination arising from disability, harassment, victimisation and unfair dismissal. Appeal dismissed.
- cases
30/03/2016 10:10
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TIC International Ltd v Ali UKEAT/0284/15/RN
Appeal against a ruling that the claimant had complied with the ACAS early conciliation process. Appeal dismissed.
- cases
22/03/2016 14:31
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British Transport Police Authority v Hill & Ors UKEAT/0251/15/BA
Appeal against the approach taken by an Employment Judge in exercising his case management discretion so as to allow the Claimants to make significant amendments to their claims as originally pleaded. Appeal allowed and case remitted to be considered by a different Employment Judge.
- cases
14/03/2016 20:38
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Nawaz v Docklands Buses Ltd UKEAT/0104/15/DM
Appeal against a Tribunal’s Reserved Judgment refusing the Claimant’s application that the Employment Judge should recuse herself on the ground of apparent bias. Appeal allowed and case remitted to a different Tribunal.
- cases
14/03/2016 18:46
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Smith v Gartner UK Limited UKEAT/0279/15/LA
Appeal against a Tribunal’s decision to strike out the Claimant’s claims for unauthorised deduction of wages and direct age discrimination. Appeal dismissed.
- cases
10/03/2016 21:05
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New ET claims averaging 1,500 a month
Down from 5,000 a month before fees were introduced.
- news
10/03/2016 11:35
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Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2016
New rules regarding restrictions on postponements in Employment Tribunals and possible costs consequences for late notice
- legislation
07/03/2016 08:49
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The Practice Surgeries Limited & Surrey Primary Care Trust v Srivatsa UKEAT/0212/15/RN
Appeal against a revocation order, which overturned an earlier decision to dismiss the Claimant’s claim (after the Respondents had successfully applied for the proceedings to be dismissed following the Claimant’s withdrawal). Appeal allowed and the revocation order set aside.
- cases
01/03/2016 21:32
