Share this page!

Jason Braier Profile picture
Twitter logo
1 Apr, 4 tweets, 2 min read
1/ Day v Phool Industries Ltd - EAT holds BHS v Burchell non-compliant with ECHR Article 6 & Article 14 read with Article 8. Lord Summers finds reasonableness of misconduct dismissal must be objectively determined at the time of trial. #ukemplaw
2/ In a surprisingly brief judgment given the topic, Lord Summers places reliance on Lady Hale's comments in Reilly v Sandwell & the ECHR case of Denisov v Ukraine in finding Burchell should not have been relied upon once the Human Rights Act came into force.
3/ The judgment will raise eyebrows and will doubtless be appealed. If upheld, it will lead to a fundamental shift in the care with which employers will have to conduct disciplinary processes, & to far lengthier unfair dismissal trials.
4/ A great win for @42BR_Employment roommate @RadBarrister in a truly landmark appeal. #ukemplaw

• • •

Missing some Tweet in this thread? You can try to force a refresh
　

Keep Current with Jason Braier

Jason Braier Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @JasonBraier

Jason Braier Profile picture
1 Apr
1/ De Lacey v Wechseln Ltd - This is a real thread about a real case. I promise! I really do. Look, it's got a link to the judgment & everything: bailii.org/uk/cases/UKEAT…

And it's a useful one on discriminatory constructive disimssal, so have a read.

#ukemplaw
2/ DL was a trainee hair stylist. In May 2015 she found out she was pregnant. She was on maternity leave from Oct '15 to Sept '16 & resigned the following January. She brought claims of pregnancy, maternity & sex discrim as well as unfair dismissal.
3/ DL relied on events during the period post-announcement & pre-maternity leave as well as the period between return & resignation as a course of discriminatory conduct. She relied on being made to clean up dog poo in front of other trainees as a last straw. Image
Read 15 tweets
Jason Braier Profile picture
31 Mar
1/ Price v Powys CC: Is it direct sex discrimination to pay a man a lower amount for shared parental leave than a woman for adoption leave? No, held the EAT (unsurprisingly). assets.publishing.service.gov.uk/media/606448fa… #ukemplaw
2/ Mr Price & his wife decided that when they had their 1st child he would stay at home whilst she would return to work after the 2-week period of compulsory maternity leave. Having learned he'd be paid SMP rates, Mr Price didn't proceed with the shared parental leave application
3/ Instead he brought a claim on the basis the policy was sexually discriminatory as Powys paid higher rates to those on statutory maternity leave & on adoption leave. The ET rejected the 1st comparator in line with Capita v Ali & the 2nd in light of particularities of adoption. Image
Read 8 tweets
Jason Braier Profile picture
26 Mar
1/ As you'll know, the nub of Asfa v Brierly is whether female retail workers should be paid the same as male distribution centre workers because they do work of equal value & there's not a material factor justifying the difference in terms relating to pay. #ukemplaw
2/ This part of the case was concerned simply with the question of whether retail store workers could legitimately rely on distribution centre workers at all as comparators. It's a question contingent on interpreting EqA s.79(4) (particularly subpara (c)):
3/ It was Asda's submission that common terms were not applied & hence the distribution workers were not comparators under s.79(2), thereby scuppering the 35,000 claimants' equal pay claims:
Read 18 tweets
Jason Braier Profile picture
25 Mar
1/ Mukoro v IWGB: EAT holds an ET wrong to refuse to adjourn a strike out hearing when the disabled LiP claimant attended an emergency dental appointment for immediate medical treatment for an excruciating abscess on the day of the hearing. bailii.org/uk/cases/UKEAT… #ukemplaw
2/ The application to adjourn followed a history of adjournments of earlier hearings for health reasons (C being disabled by anxiety), which may have led EJ Snelson to view this application with some suspicion. He put back the hearing by 2 hours & emailed M's daughter as follows:
3/ There was no reply to that email & EJ Snelson heard the case, refused the application to adjourn in M's absence & acceded to the application to strike out the remainder of M's case. Here is what EJ Snelson wrote about refusing the adjournment application:
Read 12 tweets
Jason Braier Profile picture
16 Mar
1/ Mallon v Aecom Ltd: EAT allows appeal against strike out of a dyspraxic's reasonable adjustment claim concerned with the disadvantage in having to fill in online job application forms. assets.publishing.service.gov.uk/media/6037b49f… #ukemplaw
2/ Mr Mallon was a serial claimant, having brought over 30 similar claims, 29 of which he'd withdrawn and three of which he'd lost (one with costs). I suspect that heavily influenced the EJ confronted with a strike out application.
3/ The EJ analysed the case on the basis of a PCP to apply by way of an online form. It held M did not suffer a substantial disadvantage given that he could get help and doubtless influenced by knowledge that M had filled in online forms elsewhere (including for the ET claims).
Read 8 tweets
Jason Braier Profile picture
16 Mar
1/ Right, a couple of weeks' backlog on judgment threads & I'll start with a biggie for all students of whistleblowing, Linden J's judgment in Twixt v Armes. It strengthens a host of legal obligation whistleblowing claims in the stroke of a pen. assets.publishing.service.gov.uk/media/6034caf0… #ukemplaw
2/ The case concerns a research scientist & founder of DNA sequencing & amplification technology, used for amplifying the DNA of infectious diseases. Having transferred his shares in his company, he later had various concerns about false +ves & -ves from testing.
3/ Those concerns were raised in various emails & conversations on which he subsequently relied in bringing various claims, including whistleblowing detriment & dismissal claims. At a PH, the company tried unsuccessfully to strike the PIDs out. They failed & appealed.
Read 15 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!

Like this author's thread?

Get emails when @JasonBraier has new unrolls!

Check out other threads from @JasonBraier!

Read all threads by @JasonBraier