Jason Braier Profile picture
Feb 28 5 tweets 2 min read
AG v Taheri - EAT makes a restriction of proceedings order of indefinite duration under s.33 ETA against a serial claimant, who applies for jobs & brings discrimination claims when turned down, hoping to extract a small settlement.
bailii.org/uk/cases/UKEAT…
#ukemplaw
2/ Mr Taheri is one of those well-known serial litigants. He applies for a job, gets turned down & then brings a claim for race, age &/or disability discrimination in the hope of making some money out of it, valuing the claim in the thousands but settling in for hundreds.
3/ He'd never succeeded in any that had gone to hearing, often found vexatious, four times struck out plus a few times subject to deposit orders, with the claim struck out on not paying.
4/ After setting out a chronological account of T's many claims, Eady P satisfied herself that the s.33 test was made out. T's conduct was habitual & persistent, claims were brought without reasonable grounds, the claims were vexatious & the discretion should be exercised.
5/ As Eady P explained, giving T an RPO of indefinite duration doesn't prevent him from ever bringing a claim again, but means he can only do so with EAT permission, on the EAT finding proceedings aren't an abuse of process and have reasonable grounds.

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More from @JasonBraier

Feb 28
1/ Fentem v Outform Emea: where the employee gives notice of termination & the employer later relies on a PILON clause to cut short the expiry of notice, the employer's act isn't a dismissal under s.95 ERA. The EAT decision in Hamblin is binding
bailii.org/uk/cases/UKEAT…
#ukemplaw
2/ In April 2019, F resigned on notice, giving 9 months' notice of termination of his employment. In December 2019, OE invoked a PILON clause, terminating F's employment early & paying him the salary due for the remainder of notice (though excluding bonuses that would be due). Image
3/ F brought an unfair dismissal claim in respect of the December termination. The ET held itself bound by the EAT decision in Marshall (Cambridge) Ltd v Hamblin that termination of a post-resignation period of notice by way of PILON didn't amount to a dismissal under s.95 ERA. Image
Read 20 tweets
Feb 28
1/ NMC v Somerville: Worker status exists when undertaking to do work personally for someone who isn't a client/customer. There's no additional irreducible minimum of obligation required. A mere right to withdraw is immaterial.
bailii.org/ew/cases/EWCA/…
#ukemplaw
2/ @robinsomerville was appointed as a panel member & chair of an NMC Fitness to Practise Committee. On a WTR holiday pay claim, the ET found S was a limb (b) worker given the existence of an overarching contract with the NMC & individual contracts when hearings were assigned.
3/ The ET found S agreed to provide services personally. It wasn't put off of finding S a worker by the fact that he was contractually able to refuse to accept any hearing date or to cancel his attendance at a hearing by notifying the NMC he was no longer available.
Read 17 tweets
Feb 17
1/ Kocur v Angard Staffing Solutions: CA holds reg 13 of the Agency Worker Regs gives agency workers a right to be informed of vacancies in the same terms as permanent workers but not a right to apply.
bailii.org/ew/cases/EWCA/…
#ukemplaw
2/ The case concerned an employment agency providing agency worker staff exclusively to the Royal Mail. When vacancies arose in the Leeds sorting office, they were put on the internal noticeboard for all to see, but permanent employees had the 1st chance to apply.
3/ K sought to argue that this was in breach of the right under reg 13(1) of the AWR, which provides: Image
Read 6 tweets
Feb 16
1. Water v The Mote Cricket Club: EAT upholds ET's decision that a cricket club groundsman operating through his own business was neither an employee nor a worker
bailii.org/uk/cases/UKEAT…
#ukemplaw
2. Mote employed a groundsman for many years until 2016. He had licence to live in residential accommodation as part of his contract. When he left, Mote engaged a self-employed contractor. At about that time, W obtained became shorthold tenant of the groundsman's property.
3. W was a member of the cricket club. In 2011, he set up a gardening & grounds business. 1 of his jobs was maintenance of another cricket pitch. When he ended the tenancy, he based his business at Mote & kept tools there (bringing in a shipping container to do so).
Read 8 tweets
Feb 14
1/ Shittu v South London & Maudsley NHS: Important finding (obiter) that the loss of chance test remains the test re compensation for unfair/discrim dismissal & the counterfactual chance of a fair dismissal. Perry v Raley doesn't change that.
assets.publishing.service.gov.uk/media/6202b0d0…
#ukemplaw
2/ S was a complaints manager for SL&M NHS Trust. He'd been diagnosed with bowel cancer in 2009 & resigned in Aug 2016. He brought claims for constructive unfair dismissal, a couple of bases of automatic unfair dismissal & loads of disability discrim & victimisation claims.
3/ Ultimately of the very many claims brought, he succeeded on 2 claims re 1 act: he'd complained about not being paid when off work for a post-cancer check-up & complained also about a failure to investigate that complaint. It was 1 of the reasons he resigned.
Read 13 tweets
Feb 11
1/ Arvunescu v Quick Release: An interesting consideration of s.112 EqA (aiding a contravention) & the width of COT3 wording, as well as an application of Cox v Adecco to find a s.112 claim albeit not expressly pleaded.
assets.publishing.service.gov.uk/media/62029aca…
#ukemplaw
2/ A worked for QR for a month before being dismissed. He brought a race discrim claim but that was ultimately compromised under a COT3 in 2018 with the following widely drafted term as to what was being compromised:
3/ Also in early 2018, A applied for a job with a wholly-owned subsidiary of QR. He was rejected. Subsequent to the COT3 being signed, A brought a victimisation claim against QR in re that rejection. A PH was held to consider whether the claim should be struck out.
Read 9 tweets

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