My EAT Cases

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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

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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

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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

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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

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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

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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

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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

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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

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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

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