Emma Greening considers Mrs R Kealy v Westfield Community Development Association  EAT 96. In this case concerning protected disclosures a defective List of Issues led to a serious misapplication of the law. The EAT’s judgment is an illustrated warning that the List of Issues can play a pivotal role in the ETs decision-making and that we should take great care not to shortcut or summarise our way through drafting these documents.
- Clerk Name: Patrick Robson
- Clerk Telephone: 01865 793736
- Clerk Email: [email protected]
Employment and discrimination
Emma Greening a busy employment practice acting for claimants and respondents in preliminary hearings, final hearings and judicial mediation, both in person and via CVP. She also regularly drafts pleadings and provides written advice.
Her recent work includes:
- Successfully defending an application for strike out made in relation to time limits
- Successfully challenging employment/worker status
- Advising on whistleblowing
- Drafting pleadings to establish principal/agent status
Emma has also advised and acted in claims involving:
- Unfair dismissal (including automatic unfair dismissal and constructive unfair dismissal)
- Discrimination (direct and indirect discrimination, failure to make reasonable adjustments, and harassment)
- Unlawful deduction from wages
- Breach of Contract
- TUPE status
Protected disclosures: how not to draft a list of issues3rd Aug 2023
EAT overturns ET decision on grounds of Judge’s appearance of bias1st May 2023
Emma Greening reviews Rolec (Electrical and Mechanical Services) Ltd v Mrs J Georgiou  EAT 46, a case which demonstrates that for there to be a fair hearing a tribunal must not demonstrate a closed mind or the appearance of having taken a side.
Tribunals remain "open to the difficult"... but perhaps not the persistently uncooperative1st Mar 2023
Pupil Barrister Emma Greening looks at Mr T Smith v Tesco Stores Ltd  EAT 11 in which the EAT upheld a decision to strike out a claim where the claimant, who was a litigant in person, acted in a manner that was considered vexatious.
Documents from claimant’s previous employment with respondent admissible in respect of remedy25th Jan 2023
3PB Pupil Barrister Emma Greening discusses the case Health & Safety Executive v Mr M Jowett, and documents from claimant's previous employment with the respondent being admissible in respect of remedy.
Impact on other employees - a relevant factor in the assessment of reasonableness6th Dec 2022
Emma Greening summarises the case of Mr J Hilaire v Luton Borough Council  EAT 166, in which the EAT concluded that an appeal could not succeed based on the fact that the ET were best placed to conclude it was not the effects of disability which prevented the claimant's compliance with a PCP, rather it was a choice he made.
Unprivileged documents cannot acquire privilege retrospectively2nd Nov 2022
Emma Greening summarises the case of University of Dundee v Mr Prasun Chakraborty  EAT 150, in which the EAT ruled that an original un-amended document does not become retrospectively privileged even in circumstances where a comparison to the final version might allow inferences to be drawn about the legal advice given.