Zulhayir v JJ Food Service Ltd – WLR Daily

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226;   [2013] WLR (D)  396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Unison to challenge employment tribunal fees in High Court – Daily Telegraph

Posted October 22nd, 2013 in employment tribunals, fees, human rights, news, trade unions, tribunals by sally

“The union is bringing a legal challenge over the introduction of fees for employment tribunals to the High Court tomorrow.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Christian woman to sue for right not to work on Sundays – The Independent

“A devout Christian woman is set to fight for her right not to work on Sunday this week when her case is heard at the Court of Appeal.”

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The Independent, 20th October 2013

Source: www.independent.co.uk

Employers could be penalised by tribunals for breaches of workers’ rights where there are “aggravating features”, BIS confirms – OUT-LAW.com

Posted October 11th, 2013 in employment, employment tribunals, news, penalties by sally

“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”

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OUT-LAW.com, 10th October 2013

Source: www.out-law.com

Watchdog warning over ‘unnecessary’ gagging clauses – BBC News

“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

A4e found guilty of racial discrimination – The Guardian

“The training company A4e has been found guilty of racial discrimination and been ordered to pay out £50,000 in compensation, the Guardian has learned. Employment tribunal judges found that the company, paid £345m by the Department for Work and Pensions for its back-to-work employment services since 2010, racially discriminated against Rohim Ullah when it unlawfully dismissed him from its Bradford office in 2011.”

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The Guardian, 22nd September 2013

Source: www.guardian.co.uk

Termination or Mutual Separation? – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, employment tribunals, news, redundancy by sally

“Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

CCTV in Employment Tribunal Proceedings – No. 5 Chambers

“Caroline Jennings explores the use of CCTV as evidence in the Employment Tribunal.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Preserving your right to claim elsewhere: new rule 52 – No. 5 Chambers

Posted September 19th, 2013 in courts, employment tribunals, estoppel, news, regulations, tribunals by sally

“Charles Crow considers how Claimants can move their cases between the Tribunal and the Court without getting caught by the doctrine of estoppel.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Cautionary Note for Employers – Victimisation – No. 5 Chambers

Posted September 19th, 2013 in appeals, employment, employment tribunals, news, victimisation by sally

“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Change to UK collective redundancy laws “inevitable”, says expert, as Government granted leave to appeal Woolworths case – OUT-LAW.com

Posted September 18th, 2013 in appeals, consultations, EC law, employment tribunals, news, redundancy by sally

“The Government is not guaranteed a ‘favourable outcome’ in its appeal of a tribunal’s finding that consultation requirements under the collective redundancy rules were triggered when retailers made redundancies in multiple shops, an expert has said.”

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OUT-LAW.com, 17th September 2013

Source: www.out-law.com

Union activists awarded compensation after being cleared of racism over leaflet – Daily Telegraph

Posted September 12th, 2013 in compensation, employment tribunals, news, racism, trade unions by sally

“Four senior members of Unison have been awarded almost £50,000 in compensation after a panel ruled their use of a cartoon of a 17th century proverb on leaflets was not racist.”

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Daily Telegraph, 11th September 2013

Source: www.telegraph.co.uk

Howell’s School, Denbigh: Dismissed Bernie Routledge awarded £217,000 – BBC News

Posted September 11th, 2013 in compensation, education, employment tribunals, news, unfair dismissal by sally

“A former head teacher of a private girls’ school in Denbighshire has been awarded £216,898 for unfair dismissal.”

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BBC News, 11th September 2013

Source: www.bbc.co.uk

EAT: Tribunals can take post-termination activity into account when deciding on an unfair dismissal award – OUT-LAW.com

Posted August 20th, 2013 in appeals, compensation, employment tribunals, news, unfair dismissal by sally

“Employment tribunals can take a former employee’s post-termination conduct into account when calculating the compensation to be awarded for a successful unfair dismissal claim, according to the Employment Appeal Tribunal (EAT).”

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OUT-LAW.com, 19th August 2013

Source: www.out-law.com

Employee data sought in connection with potential tribunal cases must generally be handed over, says ICO – OUT-LAW.com

Posted August 9th, 2013 in codes of practice, data protection, disclosure, employment tribunals, news by sally

“Businesses cannot refuse to hand over records containing employees’ personal information just because they suspect the information could be used against them in an employment tribunal, the UK’s data protection watchdog has said.”

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OUT-LAW.com, 9th August 2013

Source: www.out-law.com

Legal challenge to zero hours contracts launched against Sports Direct – The Independent

“A legal challenge is being brought against retail giant Sports Direct over the use of zero hours contracts among its staff.”

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The Independent, 7th August 2013

Source: www.independent.co.uk

Countess fired housekeeper over pregnancy, tribunal told – The Guardian

Posted August 6th, 2013 in damages, employment tribunals, news, pregnancy, redundancy, unfair dismissal by sally

“Housekeeper at Surrey home of Maya Von Schoenburg, former wife of Mercedes-Benz heir, awarded £19,000 in damages.”

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The Guardian, 5th August 2013

Source: www.guardian.co.uk

Sud v Ealing London Borough Council – WLR Daily

Sud v Ealing London Borough Council [2013] EWCA Civ 949; [2013] WLR (D) 320

“Although an award of costs against a paying party in the employment tribunal was an exceptional event, the tribunal should focus principally on the criteria established in rule 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. Where the tribunal concluded that the party’s conduct of the proceedings had been unreasonable it was necessary for the court to identify the particular unreasonable conduct, along with its effect. That was not a process that entailed a detailed or minute assessment, but instead the court should adopt a broad brush approach, against the background of the totality of the relevant circumstances.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Supreme Court gives green light to school staff to bring equal pay claims – Local Government Lawyer

“The Supreme Court has allowed an appeal by a 251-strong group of female council employees and restored an Employment Tribunal decision that they could bring equal pay claims.”

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Local Government Lawyer, 26th June 2013

Source: www.localgovernmentlawyer.co.uk

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt