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

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.76 Average

    235 Reviews

    Paul O

    Chris & Rana guided me through a redundancy discussion. Prompt & patient assistance with the documents & meetings. Clear advice & fast responses regarding negotiations. Would definitely recommend & would use again without hesitation.

    Posted 1 month ago

    Anonymous

    Outstanding, efficient service. Thank you so much!

    Posted 1 month ago

    Jaswant S

    Very very happy with the good service I got Thank you so much for your help

    Posted 1 month ago

    Anonymous

    Mel and Chris were fantastic and supportive throughout! 1000% recommend.

    Posted 1 month ago

    Emma D

    Good responsive service

    Posted 1 month ago

    Mike T

    Good efficient service.

    Posted 1 month ago

    Brenda G

    Very professional and helpful

    Posted 1 month ago

    Charles A

    Chris Hadrill was recommended to me when I found myself in need of a solicitor at very short notice. He contacted me almost immediately to arrange a call. Chris handled my case in a professional and timely manner and kept me notified throughout. Chris inspired confidence and made me feel I was being cared for. If ever I'm in need of legal representation, I would not hesitate to contact Chris. And will gladly recommend him to family and friends.

    Posted 1 month ago

    Rosalind R

    I was very happy with the service that I received from Redmans Solicitors. They were able to advise me accordingly with regards to my employment matter and stay within the agreed costing.

    Posted 1 month ago

    Karl B

    Caroline and Chris were so helpful and friendly. Couldn't of asked for a better service.

    Posted 1 month ago

    Dimitrios P

    Excellent, professional service, in time and within the expected value.

    Posted 1 month ago

    Barbara K

    Everything quickly and fairly. Very professional. Thank you.

    Posted 1 month ago

    Sabrina J

    I received a efficient professional service during the whole process of liasing between myself and my former employer to getting all forms signed and receiving my redundancy payment in full in the summer of this year.

    Posted 1 month ago

    Anonymous

    I received legal advice on a redundancy settlement agreement from Redmans Solicitors and was very impressed by the quality of their service. Chris Hadrill is highly experienced in settlement matters and was especially understanding of the particulars of my case, going out of his way to ensure that it was resolved quickly and with the utmost professionalism. I have no hesitation in recommending Redmans to anyone in need of employment advice and settlement resolution.

    Posted 1 month ago

    Anonymous

    Excellent service, with full explanations of everything needed. Both Chris and Mel answered all emails very promptly and were personable and efficient.

    Posted 1 month ago

    Anonymous

    I would like to thank Chris Hadrill, in particular who handled my case, for all his hard work, expertise and dedication. He listened with empathy and offered suitable advice, which made me feel valued and confident through a difficult time. I would highly recommend Chris and the team at Redmans Solicitors. Thank you.

    Posted 1 month ago

    Yann G

    Yann Guezennec / Chris Hadrill - Thanks for the detailed, informed and professional advice for my settlement. When comprise is the rule I felt we could have been maybe a bit more aggressive from the start. However an acceptable outcome considering the situation. Thank you

    Posted 1 month ago

    Valentina D

    Great service from Mel, she was very good at explaining every part of the settlement agreement and very efficient dealing with the HR team. Very professional team, I would definitely use them again in future if the opportunity came up.

    Posted 1 month ago

    Olaf S

    I was very happy with the service that I have received. Thank You Regards

    Posted 1 month ago

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 1 month ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 1 month ago