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Striking out discrimination claims on the grounds of no reasonable prospects of success
  • Kennedys Law LLP
  • United Kingdom
  • July 27 2011

In the recent case of Community Law Clinic Solicitors v Methuen the Employment Appeal Tribunal considered the test for whether a claim should be struck out at the pre-hearing review stage of Employment Tribunal proceedings as having no reasonable prospect of success


Government launches its consultation outlining its proposals for reform of the Employment Tribunal system
  • Kennedys Law LLP
  • United Kingdom
  • March 1 2011

Following on from our article "Employment Tribunal system: time for changes?" in the January edition of the Employment Brief, which outlined the current state of the Employment Tribunal system and the Government's suggested reforms, the Government has now launched its long awaited consultation paper, "Resolving Workplace Disputes".


Nurse unfairly dismissed for making lewd remark whilst restraining patient
  • Kennedys Law LLP
  • United Kingdom
  • March 1 2011

The Court of Appeal has recently upheld a decision of the Employment Tribunal that a nurse was unfairly dismissed for making a single lewd comment during the restraint of a patient.


Interim relief only to be awarded where the applicant has a “pretty good” chance of success at a final hearing
  • Kennedys Law LLP
  • United Kingdom
  • April 29 2010

Interim relief is an emergency interlocutory procedure which allows the employment tribunal to make an order continuing the contract of employment of a dismissed employee pending a full tribunal hearing.


Unofficial industrial action dismissals
  • Kennedys Law LLP
  • United Kingdom
  • September 21 2009

A number of employees dismissed at a time of unofficial industrial action against their employer have failed in their unfair dismissal actions.


Claimant’s dishonest evidence relevant to reinstatement
  • Kennedys Law LLP
  • United Kingdom
  • June 29 2009

In the case of Central & North West London NHS Foundation Trust v Abimbola the EAT considered whether the Claimant’s dishonesty and evasiveness in giving evidence at the remedy hearing was relevant to a decision of the Employment Tribunal to order reinstatement.


Invitations to dismissal hearings must specifically state that dismissal is contemplated
  • Kennedys Law LLP
  • United Kingdom
  • March 6 2009

The EAT has stressed the importance of expressly stating the fact that dismissal is contemplated in step 1 letters pursuant to the statutory dismissal and disciplinary procedures.