The recent case of Dafiaghor-Olomu v Community Integrated Care [2022] EAT 84 is a good demonstration of the rough justice that is occasionally dispensed by the Employment Tribunal system. It is well known that the amount of compensation that an employer can be ordered to pay for a straightforward unfair dismissal claim is subject to … Continue Reading
The outcome of Swiss Re Corporate Solutions v Sommer [2022] EAT 78, (which we reported in this month’s newsletter) provides an interesting illustration of the scope of the ‘without prejudice’ privilege rules in the context of settling an employment tribunal claim. The ‘without prejudice’ rule (the “Rule”) allows parties to have a full and frank … Continue Reading
Covid-19 related reluctance or refusal to attend the workplace is nothing new, but as we enter a new phase of the pandemic, ‘Living with Covid’, developing case law will be of interest to employers who require or expect workers to attend the workplace on a full or hybrid basis. This blog considers the current guidance … Continue Reading
COVID-19 has thrown up numerous and multi-varied concerns for employers and employees alike. One notable area of consideration and concern has been the delicate and difficult issue of dismissals related to health and safety reasons. A recent case has shed more light on how Tribunals may deal with the pandemic-related workplace issue of employees’ refusal … Continue Reading
Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law. A PDF version of this newsletter can be accessed here. This issue will provide recent case law updates, law reform and legislative developments, COVID-19 updates and any other news over recent weeks. Case law updates Collective redundancy … Continue Reading
An employer is likely to find a wide variety of beliefs held by its employees. We’re all aware that some people hold (and perhaps we share) firm beliefs as regards climate change, and there is certainly a growing trend towards a vegan lifestyle and beliefs. Others may hold beliefs in spiritualism, life after death, and … Continue Reading
One in two women have been sexually harassed at work according to a survey conducted earlier this year by the Trades Union Congress. It is timely, therefore, that last month saw the launch of a specialist legal advice line for women in England and Wales experiencing sexual harassment at work. The advice line, run by … Continue Reading
It is becoming increasingly common for employees to make covert recordings of meetings held with their employer. The reasons behind these recordings vary from a simple desire to keep a record of what is said to attempts to entrap their employer and use the recording against it in court proceedings. The Employment Appeal Tribunal (EAT) … Continue Reading
Does pay for regular voluntary overtime need to be included in the calculation of holiday pay? Yes, says the Court of Appeal in a decision which confirms several prior Employment Appeal Tribunal (EAT) decisions that the entitlement to holiday pay under the Working Time Directive (WTD) must include pay for regular voluntary overtime. As we … Continue Reading
The Supreme Court has today found in favour of the trade union UNISON in its judicial review of the UK Employment Tribunal fees regime, unanimously holding that the legislation implementing the current regime is unlawful both under domestic and EU law. The immediate consequence is that the Tribunal fees regime is quashed with effect from … Continue Reading
Today, the much-anticipated Taylor Review was published, with a speech by Matthew Taylor outlining his recommendations, followed by comments from Prime Minister Theresa May. The opening lines of the Review set out Taylor’s ambition: “The work of this Review is based on a single overriding ambition: All work in the UK economy should be fair … Continue Reading
The Ministry of Justice has recently published its review of the introduction of Employment Tribunal (‘ET’) fees. The fees were first introduced 2013 and many groups have raised concerns that they are a potentially serious barrier to bringing claims in the ET, particularly for less well off workers and those who have just lost their … Continue Reading
This post was written by David Ashmore and Amy Treppass. In Metroline Travel v Stoute, the Employment Appeal Tribunal (“EAT”) decided that employees with type 2 diabetes controlled by diet (rather than medication) are not automatically protected by disability discrimination legislation. The Facts Mr Stoute was employed by Metroline and worked for them as a … Continue Reading
In Donelien v Liberata, the Employment Appeal Tribunal (“EAT”) has held that an employer did not have constructive knowledge of an employee’s disability, even though further steps could have been taken to investigate her condition. Background Under the Equality Act 2010, employers are obliged to make reasonable adjustments to help disabled employees overcome disadvantages arising … Continue Reading
As part of the government’s aim to reduce employment litigation, a mandatory Tribunal pre-claim conciliation process is about to be introduced. This early conciliation process was introduced on a voluntary basis on the 6th April 2014, and will be mandatory for most Employment Tribunal claims from the 6th May 2014. What is early conciliation? Early … Continue Reading
Costs awards in Employment Tribunals do not ‘follow the event’: a losing party will not automatically find themselves having to pay the other party’s costs of the litigation. However, the Tribunal has discretion to order costs where a party, or their representative, has acted “vexatiously, abusively, disruptively, or otherwise unreasonably” in the bringing or conducting … Continue Reading
Employers are required to collectively consult when proposing to dismiss 20 or more employees at one establishment as redundant within a period of 90 days or less (section 188 Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”).Defining what is meant by “at one establishment” for this purpose has always been tricky, and has led … Continue Reading
The draft Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (the “Order”) has just been published by Parliament, giving us an insight into how the new Employment Tribunal fee structure will operate when it comes into force, expected to be this summer. … Continue Reading
Earlier this year, as part of its Employment Law Review, the Government conducted a public consultation on its proposal to introduce fees in the Employment Tribunals. The Ministry of Justice has now published the results of that consultation, and has indicated an intention to introduce fees in the summer of 2013. This is a significant … Continue Reading
The Government has today announced what it describes as “the most radical reform to the employment law system for decades”. In a speech to EEF, the UK manufacturers’ organisation, Vince Cable outlined the results of the Government’s recent consultation on Resolving Workplace Disputes and the recent Red Tape Challenge Review of employment law. The proposals announced … Continue Reading
In Duncombe and others v Secretary of State for Children, Schools and Families [No.2], the UK Supreme Court has decided that a teacher employed by the Secretary of State for Children, Schools and Families to work in a European School in Germany enjoyed the protection against unfair dismissal contained in the Employment Rights Act 1996 … Continue Reading
The UK’s Supreme Court in Gisda Cyf v Barratt has ruled that where an employer communicates dismissal without notice by way of a letter, the effective date of termination (‘EDT’) is when the employee reads the letter or has had a reasonable opportunity of reading it, as opposed to when it is posted. This will be … Continue Reading
Regulations to amend the 2004 Employment Tribunal Rules of Procedure have been laid before Parliament and will come into effect on 6th April 2009. These changes will be relevant to all practitioners and HR managers involved in Tribunal proceedings – take note in particular of the changes regarding making a request to extend time for … Continue Reading
The Deputy Information Commissioner has recently ordered the Department for Business, Enterprise and Regulatory Reform (BERR) to disclose names and addresses of the respondents to all Employment Tribunal claims lodged since October 2004. The Information Commissioner considers that, on balance, the public interest was best served by disclosing the information. This effect of this order is that … Continue Reading
