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Court: Employment Appeal Tribunal

EAT lifted privacy order, as balance between individual privacy and open justice had been incorrect

British Broadcasting Corporation v Roden UKEAT/0385/14/DA

A privacy order given by an employment tribunal anonymised the complainant because he was subject to an allegation of sexual harassment. Held: the privacy order was lifted and the name original complainant was made public. The EAT held that the tribunal failed to balance the complainant’s rights under ECHR, art 8 and the public interest in open justice.

Employment tribunal erred in not considering exact ‘provision, criterion or practice’

Secretary of State for Justice v Prospere (Disability Discrimination: Reasonable adjustments) UKEAT/0412/14/DA

This was the first application of the Supreme Court’s judgment in the housing case of Akerman-Livingstone v Aster Communities Ltd (on the four stage structured approach to justification of discriminating arising from disability) to an employment case. The EAT held that the employment tribunal erred in not considering the exact PCP in question, and cannot consider an example or an ‘exemplification’ of a PCP.

Necessary feature of stable employment relationship is that there is a succession of contracts concluded at regular intervals

Dass v The College of Haringey Enfield & North East London & Anor UKEAT/0108/12/MC

This case concerned the definition of a “stable employment relationship”. The Tribunal held a necessary feature of stable employment relationship is that there is a succession of contracts concluded at regular intervals. Karon Monaghan QC and Laura Prince were involved in this case.

Discrimination appeal allowed by EAT despite HR Director’s intentions being ‘benign’

Dr V J Lyfar-Cisse v Brighton and Sussex University Hospital NHS Trust and Others UKEAT/0172/14/MC

The employment tribunal failed to address adequately or at all, two of three allegations of unlawful discrimination by the NHS Trust’s HR Director’s intervention in a grievance on the basis that the director’s intentions had been benign. However laudable a person’s intentions were, that did not mean that his actions might not inadvertently disadvantage someone on […]