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Tribunal applied incorrect test when considering agency liability under S.109 EqA

In Anderson v CAE Crewing Services Ltd, the EAT has held that an employment tribunal undertook an incorrect analysis when considering whether medical examiners who undertook ‘fitness to fly’ assessments acted as agents of a company that supplies cabin crew to airlines under S.109 of the Equality Act 2010.

Reopening issue already determined in group litigation would be abuse of process

In Pady and ors (‘the FDA claimants’) v HM Revenue and Customs and ors, the EAT has upheld an employment tribunal’s decision to strike out age discrimination claims relating to redundancy payments under the Civil Service Compensation Scheme.

Tribunal entitled to stay decision on jurisdiction where employee reserved right to bring civil claim

In Lawes v Fleet Maritime Services (Bermuda) Ltd, the EAT has held that an employment tribunal was entitled to stay a decision on whether it had jurisdiction to hear a contractual claim for holiday pay brought by a seafarer who had reserved the right to bring a contractual claim in the civil courts for amounts over and above the statutory limit.

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