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Court: Employment Appeal Tribunal

EAT decision in relation to complaints regarding Agency Workers Regulations 2010, reg 10

Twenty-Four Seven Recruitment Services Ltd & Ors v Afonso & Ors UKEAT/0311/17

Agency workers sought to establish the right to equal pay with permanent workers of the hirers/end-users. Held, inter alia, that the ‘Swedish derogation’ in the Agency Workers Regulations 2010, SI 2010/93, reg 10 was not engaged. The EAT accepted that references in the contractual documentation to “a rate of pay at least equivalent to the […]

EAT allows appeal in relation to “public administrative authority” exception to the application of the 2006 TUPE Regulations

Nicholls (the BMA Appellants) & Anor v London Borough of Croydon & Ors [2018] UKEAT 0003/18/2308

In this case the claimants were challenging their dismissals following the transfer of public health functions from Primary Care Trusts to local authorities under the Health and Social Care Act 2012. The Employment Tribunal had decided that there was no relevant transfer for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 […]

EAT dismisses appeal for amendments to race discriminatory unequal pay claim

Patka v BBC & Anor [2018] UKEAT/0190/17/DM

This was an appeal to the EAT in relation to an application to amend. The claimant had brought a case of race discriminatory unequal pay as a complaint of direct discrimination. Upon receipt of legal advice he sought to amend his claim, by adding details about a subsequent decision on his internal grievance; adding a […]

EAT upholds £37,000 damages award to barrister who was forced to retire from bench

Ministry of Justice v Blackford (Part Time Workers) [2018] UKEAT 0003/17/LA

The claimant was a barrister and worked part-time as a Recorder. His application for extension of office so that he could continue to sit beyond his statutory retirement age of 70 was refused by the respondent, while a Circuit Judge, accepted as being a relevant full-time comparator, was permitted to work on as a part-time […]

EAT dismisses appeal in relation to Unions handling of an employees race victimisation claims against her former employers

Oni v Unison UKEAT/0092/17/LA

This appeal raised two questions: whether the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, art 3 limits claims thereunder to those by an employee against his/her employer, and the precise ambit of the Employment Tribunals (Early Conciliation: Exemption and Rules of Procedure) Regulations 2014, reg 3. The ET had struck out the […]