On appeal: The 'technical ruse' in employment tribunals

This report relates to 3 case(s)

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  Coker and Osamor v Lord Chancellor and Lord Chancellor’s Department [2002] IRLR 80 CA (3 other reports)

  • Case round-up: Compensatory awards, restrictive covenants, failure to consult, sex and race discrimination, part-time working

    Date:

    1 March 2002

    This month's case round-up includes: Oderinde v Datapact ltd, Barry Allsuch & Co v Harris, Elkouil v Coney Island Ltd, Coker and Osamor v Lord Chancellor and another, and Chief Constable for Avon & Somerset Constabulary v Chew.

  • Discrimination: No indirect discrimination in appointing employee who was personally known to the employer

    Date:

    1 February 2002

    In Coker and Osamor v The Lord Chancellor and the Lord Chancellor's Department, the Court of Appeal holds that where an appointment is made from a close circle of family or friends, this will rarely constitute indirect discrimination as the vast majority of the relevant pool of potential candidates will be excluded. It will therefore not be possible to show that the requirement of personal knowledge has the disproportionate impact necessary to found a discrimination claim.

  • Pre-selection not discriminatory

    Date:

    1 January 2002

    In Coker v Lord Chancellor (22 November 2001), the Court of Appeal holds that it was not indirectly discriminatory on grounds of sex or race for the Lord Chancellor to appoint a white man as his special adviser.

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  Gridquest Ltd (t/a Select Employment) and others v Blackburn and others [2002] IRLR 168 EAT (1 other report)

  • Working time: Payment made to a worker as part of basic pay counts towards holiday pay

    Date:

    15 March 2002

    In Gridquest Ltd t/a Select Employment and others v Blackburn and others the EAT holds that a payment added to the basic hourly rate to cover holiday pay counted towards a worker's entitlement to paid leave under the Working Time Regulations 1998.

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  Hewlett Packard Ltd v O’Murphy [2002] IRLR 4 EAT (1 other report)

  • Employment status: Computer specialist not an employee as no contract of any kind existed between the parties

    Date:

    15 December 2001

    In Hewlett Packard Ltd v O'Murphy, the EAT holds that a computer specialist was not an employee of the company to which he provided his services - Hewlett Packard - as there was no contractual relationship of any kind between them.