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Practice Direction and Presidential Guidance on use of witness statements in Scotland

The President of Employment Tribunals (Scotland), Judge Susan Walker, has issued a new Practice Direction on the use of witness statements in employment tribunal cases heard in Scotland.

Decision to extend time for unfair dismissal claim was perverse

In Cygnet Behavioural Health Ltd v Britton, the EAT has overturned an employment tribunal's finding that it was not reasonably practicable for an employee to present his unfair dismissal claim in time because of dyslexia and mental health problems, combined with ignorance of the time limit.

Tribunal could reconsider its decision to reject claim for a second time

In Leicester City Council v Patel, the EAT has held that an employment judge was entitled to reconsider his decision to reject an employment tribunal claim for a second time. The first reconsideration of the rejection of the claim was erroneously made on a basis not advanced by the claimant.