Issue 9 - 9th May 06

Tuesday 9 May 2006

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Cases

Unfair dismissal upper age limit

Secretary of State for Trade and Industry v Rutherford & Ors [2006] UKHL 19
The House of Lords holds that the upper age limit of 65 for claiming unfair dismissal and redundancy under sections 109 and 156 Employment Rights Act 1996 does not have an adverse impact on a substantially higher proportion of men than women. It therefore does not indirectly discriminate against men. Click Here to read more

Unlawful deductions

Arora v Rockwell Automation Ltd UKEAT/0097/06
The EAT clarifies the guidelines on time limits for unlawful deduction claims. Where there has been an actual deduction in breach of contract, the time for the complaint to start to run is the date when that deduction is made, or the payment from which the deduction is made has been tendered. Where all that happens is that the employer pays too little and there is a shortfall the same principle applies, time starts to run from the moment when the reduced payment is made. However, where there is no payment, time will start to run when the contractual obligation to make a payment arose. The position where there is a series of deductions was not considered.
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Review of default judgments

Direct Timber Ltd v HaywardUKEAT/0646/05
The Respondent chose not to enter a response to a claim for unfair dismissal as it believed it to be a claim for around £300. A default judgment was entered. A date was set for the compensation hearing and the Respondent became aware the claim was for £15,000. Although not able to take part in the hearing the Respondent's solicitors made it known they would be requesting a review of the default judgment under Rule 33 of the Employment Tribunal Rules of Procedure 2004 and in fact made an oral application on the last day of the limitation period. The application was refused. The appeal was allowed as Rule 33 requires an application for review must be made in writing. The Tribunal therefore had not power to dismiss an oral application. Click Here to read more

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