time limits
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Discrimination digest - Case Round-Up: April 2014
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at recent cases covering discrimination against former employees, whether direct and indirect discrimination can arise from the same circumstances and continuing acts and time limits.
- resources
14/04/2014 08:22
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Hall v ADP Dealer Services Ltd UKEAT/0390/13/SM
Appeal against the dismissal of the claimant’s age discrimination claim because it was out of time and it was not just and equitable to extend time. Appeal dismissed.
- cases
28/03/2014 12:56
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Exec Catering Ltd & Anor v Kaczynska UKEAT/0182/13/JOJ
Appeal against a finding that the claimant’s sex discrimination claim was out of time. Cross-appeal against a finding that the claimant had been discriminated against on the grounds of race. Both appeal and cross-appeal allowed and remitted to determine points of limitation and continuing act.
- cases
24/03/2014 10:04
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Mears Group PLC v Vassall UKEAT/0101/13/LA
Appeal against findings that the respondent had unfairly dismissed the claimant and had failed to make reasonable adjustments for his disability. The unfair dismissal appeal was dismissed but the reasonable adjustment appeal allowed.
- cases
16/03/2014 11:32
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Secretary of State for Work & Pension (Jobcentre Plus) v Jamil & Ors UKEAT/0097/13/BA
Appeal against a finding that the respondent had failed to make reasonable adjustments when it refused to allow the disabled claimant to relocate to a different office. Appeal dismissed.
- cases
28/02/2014 14:07
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Flynn v Warrior Square Recoveries Ltd [2014] EWCA Civ 68
Appeal against an EAT decision which overturned the ET ruling that the claimant’s claims in relation to having made a protected disclosure were in time. Appeal dismissed.
- cases
10/02/2014 10:21
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Stephens v Kingston University Higher Education Corporation UKEAT/0288/13/GE
Appeal against the rejection of the claimant’s claims under the ERA 1996 on the basis that they were out of time, and his claim under the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. Appeal allowed in part and remitted to the same EJ.
- cases
21/01/2014 13:51
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Byrnes v Bluesky Financial Claims & Anor UKEAT/0067/13/GE
Appeal against a refusal to review a decision that a claim in respect of unlawful deductions was out of time. Appeal allowed and remitted to the same EJ.
- cases
28/11/2013 11:53
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Robinson v Bowskill & Ors Practising as Fairhill Medical Practice UKEAT/0313/12/JOJ
Appeal against the dismissal of the claimant’s claims of unfair dismissal and disability discrimination because they were both brought out of time. Appeal dismissed in relation to the unfair dismissal claim but upheld regarding the discrimination claim.
- cases
25/11/2013 10:10
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Jones v Owen UKEAT/0091/13/RN
Appeal against a finding that the claimant had been constructively unfairly dismissed and had suffered sex discrimination and sexual harassment. Appeal allowed and remitted for a re-hearing.
- cases
21/11/2013 12:35