“… who did. The leading case on this topic is Royal Mail v Jhuti [2020] ICR 731. By the time of the EAT hearing in the present case Jhuti had reached this court ([2018] ICR 982), where Underhill LJ considered at [59]-[63] the question of whether there had been “manipulation” of the decision-maker. Choudhury P observed that “as Mr Neil…”
“…n legislation are fundamentally of the same character: see para. 29 above. Likewise, at para. 26 of my judgment in Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632, [2018] ICR 982 The decision of this Court in Jhuti has, very recently, been reversed by the Supreme Court – [2019] UKSC 55 – but the reasoning does not impact on the point in…”
“…ct, I have also noted some differences, and it is not possible simply to read across from the one to the other. In Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632, [2018] ICR 982, I said (p. 991 A-F):…”