In Codemasters Software Company Ltd v Wong EAT/0639/06 the Employment Appeal Tribunal held that an employee who appealed 87 days after his dismissal had a reasonable belief that a dismissal or disciplinary procedure was ongoing, with the result that the time limit for submitting his unfair dismissal claim to tribunal was extended.
In Mayor and Burgesses of the London Borough of Hounslow v Klusova EAT/0325/06 the Employment Appeal Tribunal held that an employee dismissed when the Home Office informed her employer that she did not have permission to work in the UK was dismissed because her continued employment would have involved the contravention of a 'duty or restriction' imposed by an enactment.
A dismissal was not automatically unfair where the dismissal procedure, although framed differently, complied with the requirements of the statutory dismissal and disciplinary procedure.
In London Borough of Lambeth & others v Corlett EAT/0396/06 the Employment Appeal Tribunal holds that the three-month time limit for presentation to tribunal of a wrongful dismissal complaint was extended for a further three months by the Regulations governing the statutory dispute resolution procedures.
This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.
A review of recent significant cases on practice and procedure in the EAT and the Court of Appeal.
In Scott-Davies v Redgate Medical Services EAT/0273/06 the Employment Appeal Tribunal holds that an employment tribunal has no jurisdiction to hear a free-standing complaint about failure to follow the statutory dispute resolution procedures by an employee who does not have the right to claim unfair dismissal.
This week's case round-up from Eversheds, covering time limits.
This week's case round-up from Eversheds, covering claim forms.
In Excel Management Ltd v Lumb EAT/0121/06, the Employment Appeal Tribunal holds that where, because of the operation of s.32(3) of the Employment Act 2002, a tribunal lacked jurisdiction to hear prematurely filed claims, the fact that it went on to hear and "informally" determine the claims could not prevent the employer from later exercising its right to put its case before the same tribunal, once it had jurisdiction to hear the claims.
HR and legal information and guidance relating to employment tribunal procedure.