Want to talk to an expert employment law solicitor?

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

  • Walker v Sita Information Networking Computing Ltd (disability discrimination – whether obesity can be classed as a disability under the Disability Discrimination Act 1995 – now the Equality Act 2010)
  • The Carphone Warehouse Ltd v Martin (disability discrimination and unfair dismissal – whether failure to end a suspension and pay the correct pay amounted to a PCP; whether the course of conduct amounted to a fundamental breach of contract entitling the Claimant to resign)
  • New Eltham Conservative Club v Hazel (unfair dismissal compensation – whether the Employment Tribunal erred in not considering whether the employee would have been dismissed in any event at some future date)
  • Esparon & Anor v Roucou (practice and procedure – whether it was just and equitable for an Employment Judge to refuse an application for review of a Default Judgment)

Walker v Sita Information Networking Computing Ltd

The Claimant weighed 21-stone and suffered from myriad symptoms which affected his health (including XYZ). The Employment Tribunal found that obesity itself could not constitute a disability and that there was no apparent physical or mental cause for his functional overlay – his disability discrimination claim must therefore fail.

The Claimant appealed to the Employment Appeal Tribunal on this point. The Employment Appeal Tribunal found in favour of the Claimant and allowed the appeal for the following reasons:

  • The Claimant had suffered from both physical and mental impairments on the evidence
  • Obesity does not render a person disabled in itself per se but it may make it more likely that the person suffers from an impairment which could be deemed to be a disability

The Carphone Warehouse Ltd v Martin

The Claimant had borderline personality disorder (a disability). The Claimant entered bankruptcy in X and was suspended from his employment as a result on 6 November 2009 due to potential problems with the FSA as a result of the bankruptcy. A course of conduct followed by the Respondent including failing to pay the Claimant properly in March 2010 and July 2010; a delay in dealing with the suspension (which had not been concluded by the end of October 2012); and threatening the Claimant with further disciplinary action. The Claimant emailed the Respondent on 31 October to complain about these issues and to submit notice of his resignation. The Claimant subsequently submitted claims for direct disability discrimination, indirect disability discrimination and constructive unfair dismissal. The direct disability discrimination claim was rejected by the Tribunal but the other two claims were successful. The Respondent appealed against the latter two findings and the Claimant cross-appealed against the former.

The Employment Appeal Tribunal rejected the Respondent’s appeal against the constructive dismissal finding, deeming it to be a “classic” case of constructive dismissal through the Respondent’s conduct and that the findings of the Tribunal were consequently not perverse. The EAT overturned the Tribunal’s decision on indirect disability discrimination as the “PCP’s” that constituted indirect disability discrimination (the failure to deal with the suspension and the failure to pay the Claimant properly) could not be properly deemed to be a “practice”. The Claimant’s cross-appeal was rejected.

New Eltham Conservative Club v Hazel

The Claimants (a husband and wife) were employed in the bar by the New Eltham Conservative Club and were ostensibly dismissed for the reason of redundancy on 31 December 2009. They objected to this reason and made a claim for unfair dismissal in the Employment Tribunal. The Tribunal found that the Claimant’s had been unfairly dismissed and that the reason for their dismissal was not redundancy as the work that they were previously undertaking was still continuing. The Tribunal went on at a remedies hearing to award the Claimants compensation reflecting their loss of earnings up until their prospective retirement date (from 31 December 2009 to 14 March 2013) as well as compensation for loss of the use of the flat they were entitled to use under their contract of employment. The Respondent appealed against the nature of the award, based on the argument that the Tribunal had failed to properly consider the guidelines in Software 2000 Ltd v Andrews regarding the cut-off date for future loss. The EAT found that the Tribunal had in fact failed to properly consider all of the relevant points in Software 2000 Ltd v Andrews and remitted the case back to the same Tribunal for consideration.

Esparon & Anor v Roucou

The Claimant in this case submitted an ET1 claim form to the Tribunal on 16 February 2010. The Respondent failed to lodge an ET3 form and a default judgment was entered on 4 August 2010, with the Claimant being awarded £223,616.58. The Respondent was notified of the Judgment at a later date and wrote to the Tribunal stating that the Judgment was the first that they had heard of the matter. They subsequently applied for a review of the Judgment but this was dismissed by the Tribunal as it was not just and equitable to review the decision. The Respondent appealed to the Employment Appeal Tribunal. The EAT decided that the decision of the Tribunal had been wrong and that the Tribunal had not effectively applied the guidelines in Pendragon v Copus and remitted the review application back to a different Employment Judge.

logo_website

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

    4.78 Average

    265 Reviews

    Alison M

    Very happy with the advice I received

    Posted 13 hours ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 13 hours ago

    Sanja K

    Very efficient and professional service.

    Posted 14 hours ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 5 days ago

    Karen T

    Great service. Thank you.

    Posted 6 days ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 week ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 week ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 week ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 week ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 week ago

    Anonymous

    Great job done on my employment law

    Posted 1 week ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 week ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 week ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 week ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 weeks ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 weeks ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 2 weeks ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 2 weeks ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 2 weeks ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 2 weeks ago