The Court of Appeal in Apelogun-Gabriels v London Borough of Lambeth holds that there is no general principle that it will be just and equitable to extend time for bringing a tribunal claim where the applicant is using the employer's internal grievance procedure.
The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.
A compromise to settle an employee's claim for compensation for unfair dismissal, reached during the employment tribunal proceedings and recorded by the tribunal in a document headed "Decision of the [employment] tribunal", did not prevent the employee from subsequently bringing proceedings in the county court for unpaid wages, holds the Court of Appeal in Dattani v Trio Supermarkets Ltd.
In Selkent Bus Co Ltd t/a Stagecoach Selkent v Moore [1996] IRLR 661 EAT, the EAT set out guidance to industrial tribunals on the criteria to take into account in deciding whether to grant leave for amendment of an originating application.
In British Aerospace plc v Green, the Court of Appeal considers the guiding principles for ordering discovery of marked assessment forms in cases where redundant employees claim that they were unfairly selected.
An industrial tribunal was entitled to exercise its discretion to extend the time limit for unfair dismissal applications from redundant employees, who mistakenly believed that work would "pick up"; and they would be re-employed, until two weeks after the employer's business closed down.