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Employment – Discrimination. The employee, in her claim for disability discrimination, had put forward to the employment tribunal a number of conditions which she claimed had caused her to be disabled, some of which went beyond her pleaded case. The tribunal found that she was disabled. The Employment Appeal Tribunal, in allowing the employer's appeal, held that the tribunal's reasons had: (i) not adequately identified what conditions she had which had caused her to be disabled and whether they were the pleaded or some other conditions; and (ii) not made clear which symptoms or conditions had supported its conclusion as to long-term effect. Accordingly, the matter would be remitted to a fresh tribunal.
Employment – Discrimination. The employee, in her claim for disability discrimination, had put forward to the employment tribunal a number of conditions which she claimed had caused her to be disabled, some of which went beyond her pleaded case. The tribunal found that she was disabled. The Employment Appeal Tribunal, in allowing the employer's appeal, held that the tribunal's reasons had: (i) not adequately identified what conditions she had which had caused her to be disabled and whether they were the pleaded or some other conditions; and (ii) not made clear which symptoms or conditions had supported its conclusion as to long-term effect. Accordingly, the matter would be remitted to a fresh tribunal.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
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Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base