In William v Lewisham and Greenwich NHS Trust [2024] EAT 58 the EAT held that its earlier decision in Malik v Centros Securities (UKEAT/0100/17/RN) (that in a public interest detriment claim under section 47B of the Employment Rights Act 1996 it is not permissible to import the knowledge and motivation of another to the decision maker) is not changed by the Supreme Court’s decision in Royal Mail Group v Jhuti [2020] IRLR 129. This is because Jhuti was specifically about unfair dismissal claims rather than detriment claims.
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In McMahon v AXA ICAS [2025] EAT 8, the EAT faced a number of issues on appeal around the payment due from a deduction of wages as well as a disability discrimination claim which was struck out by the employment tribunal. The respondent also cross-appealed a decision on deduction of wages, arguing that there was… >>
Where a claimant has failed to comply with the early conciliation (EC) requirement but the employment tribunal did not reject the claim under either Rule 10 or 12 of the ET Rules 2013 (now Rules 12 or 13 of the ET Rules 2024), the tribunal should not reject the claim at a later stage, eg… >>
In East Lancashire NHS Trust v Akram [2025] EAT 2, the EAT followed the approach set out by the Supreme Court in Chief Constable of the Police Service of Northern Ireland v Agnew [2024] IRLR 56 on how to calculate a day’s pay for holiday pay purposes. It explained that: • a person should receive… >>