Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

  • Kelly v Fylde Community Link Ltd (unfair dismissal – whether the Employment Tribunal had given sufficient reasons for rejecting the Claimant’s claim for unfair dismissal)
  • South Wales Police Authority v Johnson (practice and procedure – whether the Employment Tribunal had given sufficiently full reasons for their finding that it was just and equitable to extend time in relation to two complaints of direct race discrimination)
  • Thomas v Samurai Incentives & Promotions Ltd (practice and procedure – whether the Selkent principles were properly applied when an Employment Judge refused an application to amend a claim)
  • Camden & Islington Foundation Trust v Boafo (wrongful dismissal – whether an Employment Tribunal had erred in making a finding of wrongful dismissal but rejecting the finding of unfair dismissal)

Kelly v Fylde Community Link Ltd

The Claimant submitted an Employment Tribunal claim after she refused to accept a 4% pay cut and then was later dismissed. The Employment Tribunal dismissed her claim for unfair dismissal but the Claimant appealed on the basis that the Employment Tribunal had not given sufficient reasons for the finding of unfair dismissal. The Claimant also appealed against a decision to refuse her application to amend her Notice of Appeal once she had instructed the Free Representation Unit.

The Employment Appeal Tribunal partially allowed the Claimant’s appeal against the rejection of her application to amend the Notice of Appeal (holding that one ground of the amendment was out of time and not pleaded in the original Notice of Appeal but that the other ground of amendment was pleaded out of time but was simply a re-labelling of the original ground) and found in favour of the Claimant on the issue of Meek compliancy (giving sufficient reasons in a Judgment). The case was remitted to a fresh Employment Tribunal.

South Wales Police Authority v Johnson

The Claimant – who is black – was dismissed on the grounds of gross misconduct on 14 October 2005. He presented two claims forms claiming race discrimination and victimisation. 62 separate incidents were considered by the Employment Tribunal. All the claims in the second claim form were dismissed but three claims of direct race discrimination in the first claim (numbered 35, 38 and 43) were upheld. Numbers 35 and 38 were out of time but the Tribunal ruled that it was just and equitable to extend time for them as the Respondent would have had some knowledge of these due to an investigation previously carried out. A review hearing was held and was partially successful – the Tribunal revoked the finding of discrimination in relation to number 43. The Respondent appealed against the findings in relation to numbers 35 and 38.

The Employment Tribunal ruled in favour of the Respondent, holding that:

  • The findings of discrimination were not perverse but they were out of time. The Employment Tribunal had exercised its discretion to extend time as it believed that the balance of prejudice favoured the Claimant (the ET believing the Respondent had carried out investigations into numbers 35 and 38). However, the EAT found that no such investigations had taken place and that therefore this finding could not stand. The case was therefore remitted back to the Employment Tribunal for reconsidering of the limitation point.

Thomas v Samurai Incentives & Promotions Ltd

The Claimant resigned from her employment in late December 2011 and subsequently submitted an ET1 claim form which identified her claims as a money claim. She did not tick the discrimination box. However, she did include facts in the ET1 which indicated that discrimination could have taken place. The Respondents, in their ET3, responded to the facts relating to discrimination, stating that it was denied. The Claimant subsequently sought to amend the claim to include a claim for sexual harassment. The Employment Judge (at a PHR) refused to amend the claim as such and only ordered that a claim for discrimination (limited to non-receipt of commission) could be included. The Claimant appealed against this order on the basis that the Judge had failed to follow the principles outlined in Selkent v Moore [1996] IRLR 661 in determining whether she had discretion to exercise her permission.

The Employment Tribunal found in the Claimant’s favour in relation to the appeal on the basis that the Judge had not properly followed the Selkent principles – she had failed to balance the prejudice faced by the Claimant in refusing the amendment against that faced by the Respondent in allowing the amendment.

Camden & Islington Foundation Trust v Boafo

The Employment Tribunal found that the Claimant had been wrongfully but fairly dismissed from his employment. The Claimant appealed against the finding of fair dismissal and the Respondent cross-appealed against the finding of wrongful dismissal.

The Employment Appeal Tribunal found that the Employment Tribunal had failed to consider whether the decision to dismiss was “within the range of reasonable responses”, in particular with reference to his long service and good record. Further, the Tribunal had apparently made two contradictory statement relating to whether the Respondent would have been entitled to summarily dismiss the Claimant for repudiatory breach.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Testimonials

    4.80 Average

    346 Reviews

    Anonymous

    I dealt with Chris Hadrill who was very knowledgeable and professional. To provide some context, I raised a grievance with my Employer and with the help of Redmans received a settlement offer. I have secured alternative employment and would recommend Redmans overall. I was very satisfied with the service I received and would rate it as 5 star.

    Posted 7 hours ago

    Danielle T

    I contacted Redmans in regards to a situation I needed dealing with with my employer. This was resolved within a week of initial contact and I couldn’t be happier. Both Chris and Sacha were brilliant and couldn’t have been more helpful! Thanks guys!

    Posted 1 day ago

    Anonymous

    Quick proccessing of my Redundancy agreement.

    Posted 4 days ago

    Anonymous

    Fantastic support during a difficult time! Chris was fantastic, from the first conversation all the way through a difficult process. Chris supported me with a settlement agreement and his counsel was invaluable. The company I worked for tried to suggest some solicitors that they knew would simply rush through an agreement. Thankfully I found Chris and the Redmans team, what a relief! They fought for me and allowed me to keep my focus on the next stage in my career journey. If I go through anything similar in the future Redmans will be my first point of call!

    Posted 5 days ago

    Anonymous

    Quick responses to all inquiries. Supportive and provided top-notch service. Extremely pleased with the outcome and would recommend to anyone in need of legal advise.

    Posted 6 days ago

    Ben H

    Good, quick and informative service.

    Posted 1 week ago

    Edward W

    I liked Mel Chin's approach to my inctruction. She provided clear advice and explained things in a manner that I understand. I rated her service 5 out of 5.

    Posted 1 week ago

    James B

    Great and prompt service- would recommend and use again!

    Posted 1 week ago

    Emma L

    Excellent service. From start the team where efficient and helpful, the whole process was made easy on a very stressful and upsetting situation. They worked well to support my situation and negotiate. Would highly recommend. Thank you to Chris, Sacha and the team.

    Posted 1 week ago

    Brian H

    I must say, not seeing any of you and doing all on-line works very well. Very pleased with the service and would recommend you. Fantastic service. Many thanks Brian Haines

    Posted 1 week ago

    Sheenu A

    Professionals with excellent quality of work.

    Posted 2 weeks ago

    Maris T

    I recommend Redman's Solicitors. Chris was very helpful and informative. He provided a speedy and efficient service at a reasonable price.

    Posted 3 weeks ago

    Anonymous

    quick response, friendly staff, my issue was smoothly done. superb

    Posted 4 weeks ago

    Anonymous

    Overall I was very satisfied with the service I received. Right from making initial contact to being contacted by Chris Hadrill. He was easy to talk to, friendly and professional and gave sound advice. I would certainly use Redman's again. Thank you for all your help, Chris. I would rate my experience as 5 star.

    Posted 1 month ago

    Jane K

    4 stars for quality of advise. the team are good but it feels rushed sometimes and hard to contact.

    Posted 1 month ago

    Arabella B

    I am so grateful to Caroline Lewis at Redmans Solicitor’s for helping me with my Unfair Dismissal Case. I was seriously impressed how easy Redmans made the whole case, and am very happy with my Settlement. I have recommended your firm to at least 5 people in the last 3 months.. Thank you Caroline and everyone at Redmans. You are Brilliant .

    Posted 1 month ago

    Anonymous

    Highly professional and efficient service.

    Posted 1 month ago

    Tanya T

    I had the pleasure of Chris and Sacha’s experience with a work matter. They made me feel at ease with the process and explained everything thoroughly. Would happily recommend Redmans especially Chris and use them if needed I’m the future. Thank you!

    Posted 1 month ago

    Anonymous

    I used the services of Redmans solicitors and was a quick outstanding service I engaged them in a settlement agreement after been made redundant extremely professional at all that was done and would definetly use them again

    Posted 1 month ago

    Adrian A

    Spot on support, enough to get the matter at hand sorted. No beating around the bush, no nonsense - got the job done and we all moved on.

    Posted 1 month ago

    Mark Q

    Five Stars I was most impressed by the attention, courtesy, speed and above all, professionalism in dealing with my Settlement Agreement. I would certainly have no problem in recommending this firm to anyone in need of their services.

    Posted 1 month ago