Settlement of future claims: EAT in England and Wales follows Court of Session’s decision in Bathgate

In Clifford v IBM United Kingdom Ltd [2024] EAT 90 the EAT held that: future claims can be waived in a settlement agreement so long as appropriately clear language is used; this is the case irrespective of whether it is a ‘clean break’ end of employment situation or the parties remain in a continuing employment… >>

HMCTS reform project: Update for ET professional representatives (May 2024)

A joint letter from the two Presidents of Employment Tribunals attaching an important message from Mark Lewis, Employment Tribunals Service Manager of HM Courts & Tribunals Service (HMCTS) has been issued: providing an urgent notification that from 30 May 2024 professional representatives seeking to present an employment tribunal claim online in Scotland, Leeds, Midlands East,… >>

ET has no discretion not to make a finding of liability against named respondents when the statutory test is met

In Baldwin v (1) Cleves School, (2) Hodges, (3) Miller [2024] EAT 66 the employment tribunal had found the respondent employer liable for acts carried out by the two individual respondents. However, it dismissed separate claims against the individual respondents brought under section 110 of the Equality Act 2010 (EqA 2010), on the basis that… >>

Whistleblowing detriment claims: no need to combine the motivation of another with the act of the decision maker

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… >>

Disability discrimination: university entitled to not allow claimant to return to restricted duties

In Powell v University of Portsmouth [2024] EAT 56 the respondent did not allow the claimant, a Principal Lecturer, to return to work while he could not undertake face-to-face classroom teaching due to suffering unpredictable blackouts. The employment tribunal dismissed the claims of disability discrimination and constructive dismissal and the EAT upheld those findings, in… >>