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12 September 2013 / Michael Salter , Chris Bryden
Issue: 7575 / Categories: Features , Tribunals , Discrimination , Employment
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Appealing options

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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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