Internal procedures, constructive dismissals & the slippery slope of indirect discrimination: Ian Smith offers some expert tuition
- Using internal procedures does not rule out a later constructive dismissal claim.
- Court of Appeal rules on how to deal with a request to extend time in a discrimination case.
- Two helpful examples of indirect sex discrimination cases.
The first case considered in this brief is an important one in practice for employees faced with really bad treatment by the employer, potentially unacceptable, but wanting to at least try to resolve matters internally before walking out and losing their job: if they use the employer’s grievance or appeal procedure, do they thereby jeopardise their right to claim constructive dismissal? The second case, on how to adjudicate on an application to extend the time limit for a discrimination claim, shares one aspect with the first case, namely that the answer has been uncertain for some time, given the importance of the questions. The Employment Appeal Tribunal (EAT) has (hopefully) resolved the first
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