Brevity extremity - Fairbank v Care Management Group; Evans v
Svenska Handelsbanken AB Two cases involving very long ET1s
(Tribunal Claim Forms) prepared by the same firm of solicitors.
How long is very long? In this case, around 27 pages. The
employment judge considered this to be too long and ordered that
the ET1s be condensed to a single page each. The solicitors
objected but the Regional Employment Judge responded by explaining
the requirements of 'Details of claim' in the Rules.
"The Tribunal has to manage thousands of cases a year and most
claimants are able to provide a description of the events relevant
to their claim, no more complex than [these], confining themselves
to one or two sides of A4," the Judge said.
The claimants appealed and won. It is for the claimant to decide
how to present their claim, said the Employment Appeal Tribunal. It
held that the tribunal's decision to limit the content of an
ET1 was an error of law/perverse. The proper course of action was
to narrow issues during a case management hearing and by striking
out any irrelevant material at that stage.
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Specific Questions relating to this article should be addressed directly to the author.
The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract.
In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick [2012] EWCA Civ 1399).
The ICO has published guidance which highlights the dangers of allowing your employees to use their own devices for work emails and other work related uses.
The Agency Workers Regulations 2011 introduced a requirement for employers to provide employee representatives with information on agency workers during TUPE and collective redundancy consultations.
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