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News & Blog

Welcome to the Davis Blank Furniss blog

Territorial Jurisdiction

The assessment of whether an employee has a strong connection to the UK is an objective test rather than a subjective test (Green v SIG Trading Ltd). The EAT held that the focus should be who the employee worked for, …

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Time Limits

In J v K, the EAT held that the appellant could not rely on vague medical evidence to get an extension of time to lodge a late appeal. J argued that the time limit should be extended because of his …

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Whistleblowing

It has been held that, where the making of a disclosure was the principal reason for a dismissal, the decision taker’s belief about whether the disclosure was protected is not relevant (Beatt v Croydon Health Services NHS Trust). The tribunal …

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Compulsory Union Recognition – Fragmentation of Bargaining Units

In Lidl v CAC, the Court of Appeal held that single small units of an employer’s workforce should be subject to compulsory trade union recognition given the statutory requirement to consider the desirability of avoiding small fragmented bargaining units. Lidl …

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Holiday Pay

In Fulton v Bear Scotland, the EAT held that the employment tribunal was right to consider itself bound by the earlier EAT decision in Bear Scotland that a break of more than three months between non-payment or underpayment of wages …

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Calculating Strike Pay

In Hartley v King Edward VI College, the Supreme Court held that if teachers lawfully strike for one day, the employer can make a deduction of 1/365 of annual pay, unless the contract of employment provides otherwise. The decision of …

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Some other substantial reason dismissal

The EAT has held that there is not a particularly high threshold required for an employer to meet when dismissing an employee because of a ‘substantial reason’ (Ssekisonge v Barts Health NHS Trust). The EAT rejected an argument that in …

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Discrimination – adjustments for candidates with Aspergers Syndrome

In The Government Legal Service v Brookes, the EAT held that a job applicant with Aspergers Syndrome (AS) was discriminated against by being required to sit a psychometric test. The EAT held that the PCP requiring applicants to pass the …

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Indirect Discrimination

The Supreme Court has recently held in Essop and others v Home Office (UK Border Agency) and Naeem v Secretary for Justice that in order to succeed with a claim for indirect discrimination, it is not necessary to establish the …

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ACAS Early Conciliation

The EAT held that if ACAS issues a second early conciliation certificate in respect of the same matter, this does not extend the time for making a claim (HMRC v Garau). HMRC argued that the second certificate was unnecessary and …

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