The Court of Appeal has handed down its decision in the case of R (on the application of Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) rejecting Unison’s challenge to the introduction of employment tribunal and Employment Appeal Tribunal fees.
In the case of Townsend v Commercial Storage Limited, Mr Townsend was a driver. Commercial Storage Limited are a small family run business led by Mr Cooke. Mr Cooke and Mr Townsend had known each other for 20 years. An argument broke out between the two as Mr Cooke had called Mr Townsend into work during his annual leave to set up a new truck. Mr Townsend resented being disturbed during pre-booked leave. During the argument Mr Cooke allegedly told Mr Townsend to “get out of the yard and don’t bother coming back on Monday”.
The High Court has granted a declaration permitting an employee to be accompanied at an investigatory hearing by a representative of his choice. The representative did not meet the employer’s contractual criteria.
The Employment Appeal Tribunal has held that a claim for stigma damages does not need to be formally pleaded to be considered. In exceptional circumstances, an Employment Tribunal may consider such an award even if there is no reference in a claim form. However, it is not a matter of course for the Tribunal and will turn on its own facts.
The Information Commissioner’s Office (ICO) has warned that insurers should be directed by GPs to request a GP Report under the Access to Medical Reports Act 1988 rather than to utilise the insured’s subject access rights under the Data Protection Act 1998. Medical professionals providing full patient records following a request from an insurance company could be in breach of data protection laws.