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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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