My EAT Cases
Phipps v Priory Education Services Ltd [2023] ICR 1043
When considering an application for reconsideration as per rule 70 of the Employment Tribunals Rules of Procedure 2013, the "interests of justice" test
Rodgers v Leeds Laser Cutting [2023] ICR 356
Under section 100(1)(d) of the Employment Rights Act 1996, an employee must believe they face serious and imminent danger in the workplace
Richards v Waterfield Homes [2023] IRLR 144
The Employment Appeal Tribunal (EAT) ruled in favour of the claimant, asserting he was indeed an employee, even though he was a registered Construction Industry Scheme (CIS) contractor
Field v Steve Pye [2022] IRLR 948
If evidence suggests possible discrimination, an employment tribunal must carefully consider the burden of proof, and not simply proceed directly to the primary reason for the alleged discriminatory act
Mackereth v DWP [2022] ICR 1609
The Employment Appeal Tribunal (EAT) upheld the decision that the claimant, a doctor who refused to address transgender individuals by their chosen gender based on his Christian beliefs, had not been discriminated against
Rentplus v Coulson [2022] ICR 1313
Application of Acas Code: A dismissal can be subject to the Acas Code if an employer believes there are issues related to misconduct or poor performance
Emuemukoro v Croma Vigilant [2022] ICR 327
The power to strike out a claim or response under rule 37(1)(b) of the Employment Tribunals Rules of Procedure 2013 can be invoked due to unreasonable conduct in proceedings
Polyclear v Wezowicz [2022] ICR 175
When determining if relief should be granted from an unless order per rule 38(2) of the Employment Tribunals Rules of Procedure 2013, actions that don't achieve material compliance should still be considered
Penicela v Sanctuary Care [2022] EAT 181
The Employment Appeal Tribunal (EAT) determined that the original tribunal failed to adequately address the primary concerns of the claimant regarding her dismissal
Holmes v Tellemachus [2022] EAT 71
The Employment Appeal Tribunal upheld the claimant's appeal against the initial decision of the Employment Judge (EJ). The main contention was
Paczkowska v R-Com Consulting [2022] EAT 70
The Employment Tribunal (ET) made an error in its judgment concerning the Appellant's claims of victimisation and direct disability discrimination
Leacy v Building Craft College [2022] EAT 59
The Employment Appeal Tribunal (EAT) dismissed the claimant's appeal, determining that the Employment Tribunal's (ET) conduct and conclusions were both fair and
Citizens Advice Merton & Lambeth v Mefful [2022] EAT 11
The Employment Appeal Tribunal (EAT) held that the Employment Tribunal (ET) was correct in its judgment that the respondent's interim CEO had taken the definitive decision to
E & O Laboratories v Miller 2020 SLT 24
The EAT found that the Employment Judge had wrongly struck out the case. Whilst witnesses are not allowed to speak about their evidence when under oath, here