NSL Ltd v Zaluski [2024]
Decision Number: EAT 86 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 02/07/2024
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimant/Respondent on Appeal:
P Zaluski
Respondent/Appellant on Appeal:
NSL Ltd
Summary

Appeal allowed where the Tribunal did not consider the general group impact of a policy when it comes to indirect discrimination – there had been too much focus on the individual case in making the original decision.

Background

Background:

The claimant works for the respondent in relation to the enforcement of parking regulations. He is a Polish national. During the pandemic, the claimant’s father died in Poland. The respondent had policies that staff were responsible for ensuring that their authorised leave factored in any period of quarantine and that staff must return on the pre-authorised date.

The claimant travelled to Poland following his father’s death to arrange and attend the funeral as well as deal with his father’s affairs.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 02/07/2024