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Employment Tribunal and claimant’s witness statement

Employment Tribunal and claimant’s witness statement

Employment Tribunal entitled to refuse part of claimant’s witness statement. The Employment Tribunal as part of its case management powers are able to exclude evidence where it is not relevant to the proceedings before them. This may be the exclusion of documents from the bundle or as in the case of Kalu v Brighton & Sussex University Hospitals NHS Trust & Ors paragraphs from witness statements. Read more

High Court and Employment Tribunal Claims

High Court and Employment Tribunal Claims

High Court can prevent claimants bringing claims in the Employment Tribunal. In the case of Nursing & Midwifery Council & Anor v Harrold the High Court ruled that it does have the authority to issue a Civil Restraint Order covering claims made in the Employment Tribunal. Read more

Door open for indirect discrimination claims

Door open for indirect discrimination claims

Another decision made by the European Court of Justice (“ECJ”) looks set to have major repercussions on employment law in the UK. Although the case concerned the height of electric meters in Bulgaria, the decision in CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatappears to have widened the scope of employees who can pursue a claim for indirect discrimination. Read more

What a difference a day makes

What a difference a day makes

The time limit for submitting a claim for unfair dismissal is 3 months less one day from the date of dismissal. So, for example, if you are dismissed on 21st July then your time limit for registering a claim with ACAS for early conciliation would be 20th October. There is scope for an Employment Tribunal to accept a claim out of time, but in unfair dismissal claims this is only where the Tribunal deems that it was not ‘reasonably practicable’ to have submitted the claim within the original deadline and it has been submitted within a reasonable period. In discrimination claims, the test for claims submitted outside the 3 months less one day time limit is slightly different, in that claims can be allowed out of time where the Tribunal deems it ‘just and equitable’. Read more

Employment Tribunal and Claimants acting in person

Employment Tribunal and Claimants acting in person

Many claimants represent themselves in the Employment Tribunal and are assisted with procedural issues by the Tribunal Judge. The EAT case of Joseph v Brighton & Sussex University Hospitals NHS Trust., however, demonstrates that whilst the Tribunal does have a duty to assist parties that does not extend to determining how a claimant puts their case. Although it would have been permissible to provide more assistance there was no requirement to do so. Read more

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