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When is a resignation not a resignation?

Charlotte Hadfield analyses the case of Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), in which the EAT considers how to construe words spoken “in the heat of the moment” that are said to be words of dismissal or resignation.

The EAT also conducts an extensive and very useful review of the relevant case law.

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Bonus clawback provisions and the doctrine of restraint of trade

Alex Leonhardt reviews the case of Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), in which the High Court decided with some certainty that though a bonus scheme conditional on the employee remaining in employment for a specified time acts as a disincentive to that employee resigning, it does not constitute a restraint of trade.

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When should ET stays of proceedings be allowed?

Alex Leonhardt considers the case of ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, in which the EAT issues its second reminder this year (following Lycatel Services Ltd v Schneider [2023] EAT 81) that applications to stay need to be determined following a decision on which forum the dispute would be “most conveniently and appropriately be tried” as per Bowater Plc v Charlwood [1991] ICR 798, and also considers the relationship between that test and a presumption against the High Court being bound by prior findings of the Employment Tribunal.

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Court of Protection Property and Affairs Update: PSG Trust Corporation Ltd v CK [2024] EWCOP 14 and Re: P (Statutory Will) [2024] EWCOP 12

Matthew Wyard on the recent Court of Protection property & affairs decisions of PSG Trust Corporation Ltd v CK & Re: P (Statutory Will).

In PSG Trust Corporation Ltd v CK [2024] EWCOP 14, the Court considered how a property and affairs deputy should approach the issue of whether to inform P of the value of a civil litigation settlement.

Re: P (Statutory Will) [2024] EWCOP 12 concerned an application to amend a statutory will, for which the Court had to consider if unidentified charity beneficiaries had to be served with the application to amend in accordance with the requirements of paragraph 9 of Practice Direction 9E.

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Claiming dismissal as a whistleblowing detriment

Joseph England analyses the case of Wicked Vision Ltd v Rice [2024] EAT 29, in which the EAT re-confirms the Court of Appeal's decision in Osipov concerning a claimant's ability to claim for detriments that precede dismissal against a co-worker and against the corporate employer for its vicariously liability even if the losses that flow amount to those that flow from dismissal; and that a Claimant can claim for the detriment of dismissal against a co-worker.

The EAT however departs from the Court of Appeal in asserting that a Claimant is very unlikely to be able to claim for the detriment of dismissal against the corporate employer, having applied scrutiny to the Court's ratio in Osipov.

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Was an Employment Tribunal right to strike out a claim because a claimant’s conduct meant that a fair trial was not possible?

Craig Ludlow on the case of Hargreaves v (1) Evolve Housing & Support (2) Mr Simon McGrath, in which the EAT reminds us how difficult it is to get claims struck out before Employment Tribunals.

Specifically, in this case, cogent evidence was needed to support the assertion that a fair trial was not possible because of the claimant's conduct, instead of simply relying on the ET to make this assumption.

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The appropriate test when considering if a claim has been brought within ‘such time as was just and equitable’

Sarah Clarke considers the case of Jones v The Secretary of State for Health and Social Care EA-2022-000744-JOJ, which provides a useful reminder of the very wide discretion given to employment tribunals when determining whether or not a claim had been brought within such time as was just and equitable, and appellate courts should be slow to interfere with the exercise of this discretion.

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