Another success for Mark Green in the EAT on the case of Ndebele v Kasterlee UKEAT/0307/15/DM
18th April 2016
The matter concerned a finding that the Claimant could not claim loss of earnings for periods in which she did not put herself forward for work (on a zero hours contract). It was sifted to a 3(10) preliminary hearing before the President of the EAT, Langstaff P, due to the apparent weakness of the case. It then went forward to a full hearing in front of the Senior President of Tribunals, Sir Ernest Ryder LJ. He agreed with the argument that the Tribunal should have gone further and looked at the reason why the Claimant had not put herself forward. He also agreed that on the facts of the case, the reason the Claimant had not offered herself for work was because of the Respondent's previous failure to make reasonable adjustments such that the Claimant felt it was futile. The matter was therefore remitted to a fresh Tribunal to decide compensation.
http://www.employmentappeals.gov.uk/Public/results.aspx?id=8429
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