‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’
Cloisters, 7th November 2014
Source: www.cloisters.com
‘I will look briefly at two points:
1. The re-consideration of the Mitchell approach in Denton shows a change in the judicial approach and may well be seen as helpful to EJs considering similar problems. Indeed, consistent with earlier CA authority, it may be that EJs will be expected to follow the same three stage approach as found in Denton.
2. The underlying reasoning of the CA in Denton may provide guidance on the approach to be taken towards a wider range of case management issues.’
Littleton Chambers, 27th October 2014
Source: www.littletonchambers.com
‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’
Full story (PDF)
Tanfield Chambers, 16th October 2014
Source: www.tanfieldchambers.co.uk
‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’
Halsbury’s Law Exchange, 14th November 2014
Source: www.halsburyslawexchange.co.uk
‘Staff who regularly clock up overtime could now be able to claim additional pay for annual vacation leave.’
The Independent, 4th November 2014
Source: www.independent.co.uk
‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’
OUP Blog, 11th October 2014
Source: www.blog.oup.com
‘This article explores the relevance of the Civil Procedure Rules (“CPR”) rules pertaining to relief from sanctions to Employment Tribunal proceedings.’
Six Pump Court, 6th October 2014
Source: www.6pumpcourt.co.uk
‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’
Local Government Lawyer, 30th September 2014
Source: www.localgovernmentlawyer.co.uk
‘A top town hall lawyer is to keep his job despite praising Hitler, winning the nickname “Piggy Eyes” because of the way he ogled women, and making up “inappropriate” nicknames for staff.’
Daily Telegraph, 29th September 2014
Source: www.telegraph.co.uk
‘The Treasury has been ordered to pay £142,000 to a former senior civil servant after refusing to carry out a previous tribunal’s ruling that he should be found another job.’
The Guardian, 29th September 2014
Source: www.guardian.co.uk
‘The test for whether the UK employment tribunal has jurisdiction to hear an unfair dismissal claim from somebody who lives and works abroad should not include a comparison of the relative merits of the different employment laws that could apply, the Court of Appeal has found.’
OUT-LAW.com, 24th September 2014
Source: www.out-law.com
‘Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA) which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.’
Full story
No. 5 Chambers, 19th September 2014
Source: www.no5.com
‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’
No. 5 Chambers, 19th September 2014
Source: www.no5.com
‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’
Littleton Chambers, 22nd September 2014
Source: www.littletonchambers.com
‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’
No. 5 Chambers, 19th September 2014
Source: www.no5.com
‘PC Carol Howard was arrested and bailed for more than a year over eight different allegations, including assault, witness intimidation and possession of an indecent image of a child.’
The Independent, 23rd September 2014
Source: www.independent.co.uk
‘Former police officer Carol Howard has won £37,000 from the Met, after two years fighting her case against racial and gender discrimination. A victory, yes, but hard won. So is it ever worth suing your boss? Radhika Sanghani asks the legal experts.’
Daily Telegraph, 4th September 2014
Source: www.telegraph.co.uk
‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’
Cloisters, 29th August 2014
Source: www.cloisters.com
‘Scotland Yard subjected a black female officer to “vindictive … spiteful … insulting, malicious and oppressive” treatment and greeted her victory against the force in a discrimination case by trying to smear her name, a tribunal has found.’
The Guardian, 2nd September 2014
Source: www.guardian.co.uk
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