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3PB Employment barrister Simon Tibbitts analyses the latest employment law cases, covering: Can you rely on OH Advice as to whether someone is disabled or not? - Donelien v Liberata UK Limited EWCA Civ 129 Agency Worker Regulations – A ‘term-by-term’ comparison is required – Kocur v Angard Staffing Solutions Limited & Royal Mail Group Limited UKEAT/0181/17 Windfalls for Part-Time Workers? - Brazel v Harpur Trust UKEAT/0101/17 Pre-Cancerous Conditions – Do they amount to a disability?...
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3PB Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering: Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632 EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW Subjecting men and women to the same...
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Simon Tibbitts has secured awards of costs for his respondent clients in two recent cases before the Employment Tribunal both on the basis that the original claims presented were unreasonable / misconceived. The first, which was heard in London Central Employment Tribunal at the end of August 2017 resulted in a cost award of £2,000. The second, an unconnected matter, resulted in a costs award being made of just over £16,000 following a week long...
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Simon Tibbitts provides an employment case law update covering: (1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879 (2) Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ) (3) Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill...
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Chambers is pleased to announce that William Hansen has been promoted from the B panel to the A panel of the Attorney General’s Panels of Junior Counsel to the Crown, with effect from 1 September 2017. The appointment will last for a period of five years. The Attorney-General’s panels of counsel consists of just over 400 junior counsel who undertake civil and EU work for all government departments. There are three London panels (an A...
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