Issue 39 - 24th September 2007

Tuesday 25 September 2007

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COURT OF APPEAL

Equal Pay

Redcar and Cleveland Borough Council v Bainbridge [2007] EWCA Civ 910
The Court of Appeal holds that section 1(5) Equal Pay Act 1975 applies to work that is rated of higher value than a man's as well as work that is rated the same. More info

EMPLOYMENT APPEAL TRIBUNAL

Statutory grievance procedures

ADM Milling Ltd v Hodgson UKEAT/0051/07/JOJ
The Claimant was dismissed for redundancy while on maternity leave. Her claims of indirect sex discrimination and detriment under the Maternity and Parental Leave Regulations 1999 in relation to the selection criteria were held to be part of the complaint in relation to dismissal and as such the statutory grievance procedures did not apply.

Time limits

Northumberland County Council v Thompson UKEAT/0209/07/MAA
When deciding whether a claim for unfair dismissal could be brought outside the prescribed three month period, an Tribunal has to consider "not merely what the employee knew but what knowledge the employee should have had had he or she acted reasonably in all the circumstances" per Lord Phillips M.R. in Marks and Spencer v Williams Ryan [2005] IRLR 562.

Disability discrimination

EA Gibson Shipbrokers Ltd v Staples UKEAT/0263/07/CEA
The Tribunal had erred in failing to give adequate reasons for its findings that there were reasonable adjustments that could have been made which would have resulted in the Claimant returning to work.

Equal pay

Middlesborough Borough Council v Surtees UKEAT/0417/07/RN
When an Independent Expert has been appointed by an Tribunal to report on an equal value question, Rule 11(4) of Schedule 6 Employment Tribunal Regulations 2004 allows a party to call another expert provided this evidence does not challenge the facts. When an Independent Expert did not disclose his full methodology until he published his report, the Respondent was entitled to call an expert to challenge the Independent Expert's methodology on weighting of factors and conventions to avoid double counting.

Time limits on appeal

Muschett v London Borough of Hounslow UKEATPA/0281/07/CEA
The EAT gives guidance on the principles to be applied when considering whether to extend time for appealing a decision of the Tribunal.

Waller v Bromsgrove District Council PA/0019/07/CEA
The introduction of the over-riding objective in 2004 by Rule 2A Employment Appeal Tribunal Rules 2003 has not altered the approach to applications to extend time for appealing in set out in United Arab Emirates v Abdelghafar [1995] ICR 65.

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