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David Gray-Jones is Counsel for the First Respondent successful in the appeal in this interesting case

25th January 2021

David Gray-Jones of 36 Commercial was Counsel for the First Respondent successful in the appeal in this interesting case.

The Court of Appeal held that an Employment Tribunal is a "court" under the Third Parties (Rights against Insurers) Act 2010 and therefore has jurisdiction to hear and determine a dispute between an employee and the insurer of an insolvent employer where the employer has a policy with the insurer covering liability for claims brought in an employment tribunal.

The Court of Appeal also held that the arbitration clause in the insurance policy, which would normally apply to claims brought by a third party under the Act, was void in relation to employment tribunal claims under s.203 Employment Rights Act 1996 and s.144 Equality Act 2010.

https://www.bailii.org/ew/cases/EWCA/Civ/2021/67.html


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