EAT dismissed appeal in McAllister v Commissioners for Revenue and Customs
McAllister v Commissioners for Revenue and Customs [2023] ICR 483
The Employment Appeal Tribunal (EAT) (Eady P) handed down its judgment in McAllister v Commissioners for Revenue and Customs [2023] ICR 483, dismissing the claimant’s appeal and allowing the government department’s cross-appeal. The case is of particular significance in confirming that, if a payment would not have been given at all but for a person’s disability, […]
EAT upholds decision in Kaul v Ministry of Justice
Kaul v Ministry of Justice [2023] EAT 41
The Employment Appeal Tribunal (EAT) (Swift J) has handed down judgment in Kaul v Ministry of Justice [2023] EAT 41 upholding the decision of the employment judge below. In 2019, the appellant – a circuit judge – had raised grievances alleging indirect discrimination, victimisation, failure to make reasonable adjustments, harassment and discrimination arising from disability, […]
The EU (Withdrawal) Act 2018 Prevented an ET from Disapplying the Equality Act (Age Exceptions for Pension Schemes) Order 2010
The Secretary of State for Work and Pensions v Beattie & Others [2022] EAT 163
The President of the Employment Appeal Tribunal Eady J held that the Equality Act (Age Exceptions for Pension Schemes) Order 2010 gives effect to or enforces section 61(8) of the Equality Act 2010. Accordingly, the European Union (Withdrawal) Act 2018 prevented the ET from disapplying the Order in reliance on general principles of EU Law. […]
Employment Appeal Tribunal dismisses National Minimum Wage appeal
Mrs J Frudd and Mr I Frudd v Paddington Group Ltd EA-2019-000725-RN
The Claimants, husband and wife, worked as receptionist and warden at a caravan site operated by the Respondent, where they were also required to reside. As well as having regular working hours, they were required to be “on call” on certain days from the evening until 8am the next day. Whilst their contracts provided for emergency callout payments during […]
EAT hands down important judgment about judicial notice and women’s childcare responsibilities
Dobson v Cumbria Partnership NHS [2021] UKEAT/0220/19/LA(V)
The Employment Appeals Tribunal has handed down its judgment in Dobson v Cumbria Partnership NHS [2021] UKEAT/0220/19/LA(V). The Appellant was a community nurse who worked fixed days each week. The Respondent Trust sought to change her hours so that she would have to work different days each week, including working at weekends. The Appellant was dismissed […]