EAT

23

Jan

2024

Lay Member of EAT Recused from Hearing Matter of Heated Public Debate

Emma-Louise Hewitt's picture

Written by Emma-Louise Hewitt

Judicial officeholders are commonly high-achieving individuals with wide experience outside the confines of the law. However, as an Employment Appeal Tribunal (EAT) ruling made plain, they must always be alive to the risk that their extra-judicial...

05

May

2021

Employees Transferred from One Employer to Another have Legal Rights

Emma-Louise Hewitt's picture

Written by Emma-Louise Hewitt

Corporate takeovers, restructuring exercises and the like routinely result in workers being transferred between employers. However, as an Employment Appeal Tribunal (EAT) ruling showed, they have a right to expect that such a move will not impact...

15

Mar

2021

Use of similar fact evidence in employment proceedings – Guideline Ruling

Emma-Louise Hewitt's picture

Written by Emma-Louise Hewitt

In a criminal context, prosecutors often rely on similar fact evidence in order to show that a defendant has a propensity to behave in a particular way – but can such evidence also be deployed in employment proceedings? The Employment Appeal...

23

Feb

2021

Commercial embarrassment can never trump the open justice principle

Emma-Louise Hewitt's picture

Written by Emma-Louise Hewitt

The potential for reputational and commercial damage is often the greatest concern of those on the receiving end of Employment Tribunal (ET) claims. However, as an important decision underlined, such anxieties almost never justify departures from...

11

Dec

2020

Succession Planning Good, Age Discrimination Bad – EAT Ruling

Sydney Mitchell's picture

Written by Sydney Mitchell

Any organisation that does not have an effective system of succession planning in place must face an uncertain future. As a ruling of the Employment Appeal Tribunal (EAT) underlined, however, it is all too easy for such arrangements to be infected...

21

Sep

2020

Unfair Dismissal and Discrimination – EAT confronts different legal tests

Emma-Louise Hewitt's picture

Written by Emma-Louise Hewitt

Different legal tests apply to unfair dismissal and discrimination claims and that can sometimes lead to surprising outcomes. That was certainly so in a case where an Employment Tribunal (ET) found that a supermarket till operator had suffered...

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