Labour & European Law Review
02 September 2015
UNISON has said it will seek permission to appeal last week’s decision by the Court of Appeal rejecting its challenge to the introduction of tribunal fees.
Claimants have to show they were treated less favourably in comparison to someone else when claiming direct discrimination. In CP Regents Park Two Ltd v Ilyas, the Employment Appeal Tribunal (EAT) held that it may be necessary to have different comparators if there is both an investigatory and a disciplinary hearing, although that will depend on the tribunal’s findings.
A worker must “reasonably believe” that the information contained in a disclosure is substantially true” (among other things) in order to constitute a qualifying disclosure under section 43F of the Data Protection Act 1998 (DPA). In Barton v Royal Borough of Greenwich, the Employment Appeal Tribunal (EAT) held that it is not possible to convert a disclosure that does not qualify by associating it with another disclosure that does.