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Mar 18 • 4 tweets • 2 min read
1/ Fullah v Medical Research Council: A 2nd detriment case in a week - this time the ET wrongly found suspension not a detriment, & also erred on causation in a victimisation claim by not considering the separation cases.
bailii.org/uk/cases/UKEAT…
#ukemplaw
2/ F brought an ET claim involving allegations of race discrimination & victimisation. The claim failed & he was suspended immediately after, & subsequently dismissed on grounds of irretrievable breakdown of relationship. He brought a new claim including for victimisation.
3/ The ET dismissed the claim. It found that the suspension wasn't a detriment & that the dismissal wasn't caused by the protected act.
The EAT noted the Shamoon test on detriment & found F considered suspension a detriment & that a reasonable worker could do so.
4/ On causation, the EAT noted the ET's failure to consider Martin v Devonshire & the cases following it (eg Woodhead & Page), & hence that the ET hadn't properly investigated whether the decision to suspend/dismiss was separable from the protected acts. The appeal succeeded.

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More from @JasonBraier

Jason Braier Profile picture
Mar 21
1/Clark v Middleton & Black Dog Hydrotherapy Ltd: EAT holds it's possible to settle a transferee's TUPE Reg 15(8)(b) consultation liability, & a failure to inform on the t'ee's identity isn't a technicality for which £0 compensation is justified. bailii.org/uk/cases/UKEAT… #ukemplaw
2/ C worked for Black Dog Hydrotherapy ('BDH'), which M ran as a sole trader. There were 5 employees. In Sept 2019, BDH were transferred to a ltd co, Black Dog Hydrotherapy Ltd ('BDHL'), incorporated by one of BDH's employees, JSA. C's employment transferred but she soon resigned
3/ C brought claims against M as TUPE transferor in re failure to consult & against BDHL in re wages, holiday pay & unfair dismissal claims. M asserted she complied with reg 13 duties & that any failure resulted from BDHL's failure to provide requisite information to her.
Read 17 tweets
Jason Braier Profile picture
Mar 21
1/ Dodd v UK Direct Business Solutions: EAT looks at specific disclosure in the context of a whistleblowing claim, & how relevant proof of truth of wrongdoing is to the establishment of protected disclosures under s.43B ERA
assets.publishing.service.gov.uk/media/62349aa0…
#ukemplaw
2/ D was UDBS's in-house legal counsel for 8 months, before she resigned. She claimed constructive unfair dismissal resulting from detriments she says she suffered for making protected disclosures, including of furlough fraud & mis-selling.
3/ D made an application for specific disclosure. In refusing the application, the EJ noted the test is whether disclosure is 'necessary for fairly disposing of the proceedings' & that D's application was made because the documents might show UDBS did commit the wrongdoings.
Read 14 tweets
Jason Braier Profile picture
Mar 17
1/ Frewer v Google: An incredibly useful judgment on the principles applicable to applications to redact information disclosed in ET proceedings. One for the useful authorities folder for sure. And a case ending with a hopeful plea for restraint!
bailii.org/uk/cases/UKEAT…
#ukemplaw
2/ A commercial director of Google was dismissed for alleged sexual comments & suggestions to 2 female colleagues at a dinner. He brought a wide ranging claim including a wide-ranging s.47B detriment & s.103A dismissal claim. This claim was brought against Google & 3 individuals.
3/ The essence of F's disclosures concerned alleged anti-competitive behaviour by Google in favouring 2 major travel industry clients.

Google applied to anonymise all clients in the bundle & to redact commercially sensitive info not relevant to determining the claim.
Read 20 tweets
Jason Braier Profile picture
Mar 15
1/ Warburton v Northants Police: a victimisation case offering a useful reminder of the Shamoon test on detriment & the authorities on the reason why under s.27, as well as noting that costs can't be awarded under r.76(1)(b) for refusing a stay.
bailii.org/uk/cases/UKEAT…
#ukemplaw
2/ W, a police officer, applied for a police role with Northants. A few months earlier, he'd been accepted & then rejected for a police officer role at Herts. He commenced ET proceedings in respect of that rejection, alleging disability discrimination.
3/ During the Northants appl'n process, W made the force aware of the situation with Herts, including the claim & 24 complaints raised against Herts staff & officers. W completed Northants' vetting form, listing some complaints against him, traffic offences & crim damage arrest. Image
Read 16 tweets
Jason Braier Profile picture
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).
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.
Read 20 tweets
Jason Braier Profile picture
Feb 28
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.
Read 5 tweets

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