National ET Group minutes for September are out, & lots of stuff of interest for #ukemplaw geeks (and others)!

1st up, a list of the newest cohort of EJs. I had the pleasure of appearing before my 1st of them a couple of weeks ago - EJ Dyal was unsurprisingly excellent. Image
2/ Given the disappointing number of new salaried EJs recruited, efforts are having to be made elsewhere, with a massive fee-paid intake (plus new competition ongoing now) & temporary assignment of 1st tier judges with #ukemplaw experience (some like @reedmj a heck of a lot!) Image
3/ Next up, the new addition of legal officers, starting in November & hopefully easing & improving some of our regular frustrations in trying to get swift & carefully considered rulings on case progression issues. Image
4/ Then there's the opening of the virtual region to discrimination & whistleblowing cases (albeit only those FPEJs for whom the annoying restrictions of Lawal won't cause a problem). Image
5/ The meeting moved on to delays - the timings won't surprise those of us familiar with the vast difference between trying to get a listing in Leeds as against Croydon. Nobody yet listing "routinely" into 2024 - crazy that this is even a possibility in 2021! Image
6/ In response to a query, the ET President confirmed his understanding (subject to any disagreement by a Judge in judicial capacity) that ET3s can be submitted online under ET r.85. Image
7/ And a really good question from @PamanSingh about how poor the search function is on the ET judgment website (the EAT website is equally bad, I'd note). HMCTS will pass on the criticism to see if functionality can be improved. Image
8/ FInally, confirmation of the welcome change to ACAS EC notification which now allows multiple respondents to be inserted on the same form. Image
9/ For those wanting a little more #ukemplaw in their Sunday morning, here's the link to the minutes: gov.uk/government/pub…

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More from @JasonBraier

28 Oct
1/Renewi v Pamment: a truly landmark moment for the EAT in that it's @MichaelFordQC's 1st judgment (I think I'm right in saying that). I look forward to @thebigbogg's analysis of this seminal unfair dismissal substitution/Polkey/contrib appeal.

assets.publishing.service.gov.uk/media/6177df4a…
#ukemplaw
2/ P was a recycling team leader. Part of the recycling team's role was to deliver recycling bags by van & to empty large bin banks using a 7.5t lorry. P led the team doing both types of work though had no 7.5t lorry licence himself.
3/ The R had a policy on drug use with clear rules on substance abuse as well as supporting those with drug problems. It included use of illegal drugs as drug abuse & stated that working under the influence of drugs was unacceptable. The R had a screening/testing programme.
Read 23 tweets
28 Oct
1/ LBH&F v Keable: EAT upholds ET reinstatement order whilst upholding an unfair dismissal finding where the allegation wasn't clearly set out & the dismissing officer didn't provide an opportunity to comment on lesser sanctions before dismissing
bailii.org/uk/cases/UKEAT…
#ukemplaw
2/ Bizarrely, I was present at the place where the events leading to this dismissal took place. K worked for LBHF & attended the counter-protest to the Enough is Enough rally outside Parliament against Labour antisemitism. He did so as secretary of Labour Against the Witch-Hunt.
3/ To be clear, I was there in support of the Jewish community's concern at the stain of antisemitism, rather than part of the counter-protest seeking to downplay or repudiate those concerns, but I suspect I was within Mr Keable's earshot.
Read 25 tweets
20 Oct
1/ Secure Care UK Ltd v Mott: EAT allows appeal against an ET finding of s.103A unfair dismissal when the ET applied the wrong test & failed to single out those claimed disclosures it found qualified from those which it found didn't. #ukemplaw
bailii.org/uk/cases/UKEAT…
2/ A logistics manager for NHS transport services for those with mental health issues was made redundant. He asserted that decision resulted from making 9 protected disclosures. The ET found only 3 of the 9 in fact qualified as protected disclosures
3/ The ET directed itself to the Fecitt test of material influence, accepted there was a genuine redundancy situation but found the making of the disclosures materially influenced M's selection for redundancy.
Read 6 tweets
20 Oct
1/ Stuart Delivery v Augustine: CA upholds worker status of couriers whose only means of substitution was through a notification system to other signed up couriers in the hope that one of them wanted the slot. Personal performance wasn't negated
bailii.org/ew/cases/EWCA/…
#ukemplaw
2/ This case concerns worker status of couriers delivering goods by mopeds, able to sign up for individual jobs or for time slots. By signing up to a time slot a courier committed to being in a specified area for 90% of that slot, with a minimum £9/hr guarantee.
3/ That guarantee was conditional on remaining in the area for 90% of the time, not logging off, not being unavailable for any 6-min period or refusing more than 1 delivery job during the slot. There were also delivery awards for achieving a weekly target.
Read 13 tweets
14 Oct
1/ A v Burke & Hare: A #ukemplaw case not about the employment status of serial killers & grave robbers, but about anonymity orders & strippers.

bailii.org/uk/cases/UKEAT…
2/ A worked as a stripper at B&H lap dancing club whilst studying IT. She brought a holiday pay claim for £1800 under the WTR. At a PH, she applied for an anonymity order. She no longer works as a stripper, doesn't intend to in the future & hopes for a career in IT or finance.
3/ In apply for the order, A raised concerns about potential abuse on her identity being linked to the sex industry, that some family & friends were ignorant of her stripping history & that her mental health would suffer if identified in judgments. Image
Read 14 tweets
13 Oct
1/ Thompson v Informatica Software: A case about breach of an anti-corruption policy which carries some very useful snippets about the appropriate method of construction of policies in the context of breach in an unfair dismissal claim.

bailii.org/uk/cases/UKEAT…

#ukemplaw
2/ The 1st ground of appeal concerned how to interpret a policy. The EAT endorsed a submission that it shouldn't be looked at as a contract or statute but the ET should ask itself whether a reasonable employer could have adopted the construction the employer adopted.
3/ The EAT stressed that it's also important for ETs to recognise that policies are being operated by lay people and not by lawyers.
Read 4 tweets

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