3PB's Employment and Discrimination Newsletter - October 2019

7th October 2019

Lachlan Wilson and Mathew Gullick edit 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke.

Case summaries cover:

L v Q Ltd, [2019] EWCA Civ 1417 - The Court of Appeal affirms the importance of the principle of open justice in the context of Employment Tribunals, doubts whether there would ever be grounds (in a case not involving national security) for withholding publication of an ET judgment altogether, and refuses a disabled litigant’s attempt to “censor” the published judgment to refer to his disabilities as “Condition A” and “Condition B”
Is vegetarianism a philosophical belief? Not according to the first instance decision in Conisbee v Crossley Farms Ltd et al, Norwich ET case number 3335357/2018
Kasongo v Humanscale UK Ltd (UKEAT/0129/19) - The EAT provides a reminder that parties who waive privilege in some documents but not in others must not engage in the “cherry-picking” of privileged material, and that a waiver of privilege can extend beyond the documents that party positively wants to rely on.
Parnaby v Leicester City Council UKEAT/0025/19/BA - The EAT provide guidance as to the correct point at which the question as to whether an impairment is long-term ought to be considered
Court of Appeal case confirms the method of calculating holiday pay for ‘part-year’ workers in The Harpur Trust v Brazel