In Department for Work and Pensions v Brindley UKEAT/0123/16, the Employment Appeal Tribunal (EAT) has upheld an employment tribunal’s decision that it had jurisdiction to hear a second disability discrimination claim despite the parties settling a previous claim under a COT3. A COT3 is an agreement which records the terms of settlement of an employment tribunal claim, or potential claim.
Mr Paulley, a wheelchair user, sought to board a bus operated by FirstGroup on 24 February 2012. The wheelchair space marked with a notice which read ‘Please give up this space for a wheelchair user’ was occupied by a sleeping child in a pushchair. The bus driver asked the child’s mother to vacate but the mother refused and the driver took no further action.
In Dewhurst v CitySprint UK Ltd, an employment tribunal has ruled that a bicycle courier was a ‘worker’ pursuant to the Employment Rights Act 1996, irrespective of her contractual documentation which defined her as a self-employed contractor.
In Taylor v Ladbrokes Gaming & Betting UK Ltd, the Claimant appealed a finding of the employment tribunal that he was not disabled by virtue of his type 2 diabetes. Following his dismissal, the Claimant bought claims of unfair dismissal and disability discrimination asserting that he had been disabled for almost a year before his dismissal.
In Arnold Clark Automobiles Ltd v Spoor, the Employment Appeal Tribunal (EAT) has dismissed an appeal against an employee’s successful claims of unfair dismissal, breach of contract and failure to pay notice pay after he grabbed a colleague by the neck.