Employment Case Development in May

McKie v Swindon College

The High Court in this case held that an employer could be liable to its former employee in damages for negligent misstatement when passing on information about them to a subsequent employer, extending the scope of negligent misstatement beyond an employer providing a negligent reference.

 John Lewis Partnership v Charman

A Tribunal Judge’s decision has been upheld by the EAT which enabled an out of time unfair dismissal claim to proceed.  The Tribunal held that it had been reasonable for the claimant, who did not have legal representation, to wait until the outcome of his appeal before investigating how to make a claim in the Tribunal, by which time, the three month time limit had passed.  It was just and equitable in the circumstances to allow the claim to proceed.

 Dabson v David Cover & Sons

In this case which focused on redundancy, the EAT has confirmed that in making an assessment in relation to the fairness of a redundancy, the marks awarded in the selection process should not be investigated by the Tribunal as a matter of course, and should only be investigated in exceptional circumstances, such as to avoid bias.

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