header-logo header-logo

Appealing options

12 September 2013 / Michael Salter , Chris Bryden
Issue: 7575 / Categories: Features , Tribunals , Discrimination , Employment
printer mail-detail

Chris Bryden & Michael Salter revisit old ground: naming respondents in discrimination claims

The scope and the liability of respondents in discrimination claims continues to present the Employment Appeal Tribunal (EAT) with appeals. In previous articles we have outlined the lack of power by tribunals to order contributions between parties (An unsatisfactory state of affairs) and tactical considerations that may need to be borne in mind by advisers (The Early Bird...).

Jurisdiction

On 7 June 2013 the EAT addressed the issue of parties to discrimination claims again in the appeal of Hurst v Kelly UKEAT/0167/13/DM, [2013] All ER (D) 15 (Aug). The facts of this case are quite simple: both appellant and respondent were employees of PH Jones Ltd (PHJ). The employment of Ms Hurst (the appellant/claimant) with PHJ ended and she signed a compromise agreement precluding her presenting any claims against PHJ arising out of her employment or termination. Ms Hurst then presented a claim form to the Bedford Employment Tribunal (ET) alleging sexual harassment by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll