Government proposes extended settlement agreements which will be inadmissible in tribunals – OUT-LAW.com

Posted June 13th, 2012 in bills, compensation, dismissal, employment tribunals, news by sally

“The extended use of settlement agreements, which will make it easier for employers to remove underperforming workers in exchange for a pay-off, has been proposed Business Secretary Vince Cable.”

Full story

OUT-LAW.com, 13th June 2012

Source: www.out-law.com

Teacher wins pregnancy sacking case – The Independent

Posted June 7th, 2012 in employment tribunals, news, teachers, unfair dismissal by sally

“An art teacher at an independent girls’ school who was sacked after becoming pregnant has won her case of unfair dismissal.”

Full story

The Independent, 6th June 2012

Source: www.independent.co.uk

NHS Trust rapped on knuckles for refusing to reinstate union activist – UK Human Rights Blog

“R(on the application of Yunus Bakhsh) v Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 (Admin). This fascinating short judgment explores the extent to which a judicial review claim, or a free-standing claim under the Human Rights Act, may be precluded by a statute covering the same issue.”

Full story

UK Human Rights Blog, 30th May 2012

Source: www.ukhumanrightsblog.com

High Court Litigation Commercial Bargains and the Common Law – 11 KBW

Posted May 28th, 2012 in dismissal, employment tribunals, fiduciary duty, news by sally

“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial law and employment law meet and many of the cases turn on resolving the tension between the bargain struck between commercial men and the implied term of trust and confidence. That tension presents an opportunity for the creative and a pitfall for the unwary.”

Full story (PDF)

11 KBW, 28th May 2012

Source: www.11kbw.com

Employees must be part of a “deliberate” grouping to transfer under TUPE, tribunal says – OUT-LAW.com

“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 21st May 2012

Source: www.out-law.com

Equality reforms cut burden on business – Home Office

Posted May 16th, 2012 in employment tribunals, equality, harassment, press releases by tracey

“Employers have been given a boost as a new approach to equality cuts through red tape.”

Full press release

Home Office, 15th May 2012

Source: www.homeoffice.gov.uk

Multimillionaire sacked his driver for giving Labrador a bone – Daily Telegraph

Posted May 11th, 2012 in animals, employment tribunals, news, unfair dismissal by tracey

“The driver sacked by a multimillionaire racehorse owner for feeding a piece of leftover lamb to an ailing Labrador last night won his claim for unfair dismissal.”

Full story

Daily Telegraph, 11th May 2012

Source: www.telegraph.co.uk

Employment tribunals cannot apportion liability in discrimination claims where more than one party is at fault – OUT-LAW.com

Posted May 8th, 2012 in appeals, compensation, employment tribunals, news, sex discrimination by sally

“Employment tribunals do not have the jurisdiction to apportion liability for compensation in discrimination claims where more than one party is at fault, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

The Guardian, 8th May 2012

Source: www.guardian.co.uk

Lap dancer wins landmark employment ruling – The Independent

“A lap dancer has won the right to be considered an employee in a decision that could affect thousands of performers in the industry.”

Full story

The Independent, 27th April 2012

Source: www.independent.co.uk

Employment cannot transfer automatically from one employer to another without a relevant TUPE transfer – OUT-LAW.com

Posted April 18th, 2012 in appeals, contract of employment, employment tribunals, news by sally

“An individual’s employment cannot be automatically transferred to another employer without following the proper procedures under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, a tribunal has confirmed.”

Full story

OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Employment tribunals: Government considers overhaul – BBC News

Posted March 6th, 2012 in costs, employment tribunals, fees, news by sally

“It is a typical day of employment tribunal hearings – but the rules are set to change as the government considers an overhaul of proceedings in these courts.”

Full story

BBC News, 5th March 2012

Source: www.bbc.co.uk

Trade unionists win ‘racist’ monkey cartoon case – Daily Telegraph

Posted March 5th, 2012 in costs, damages, employment tribunals, news, racism, trade unions by tracey

“Four trade-unionists who were accused of racism after drawing a satirical cartoon of the three wise monkeys who ‘see no evil, hear no evil, speak no evil’ have won a four-and-a-half year legal battle.”

Full story

Daily Telegraph, 4th March 2012

Source: www.telegraph.co.uk

Blacklisted building workers hope for day in court after ruling – The Guardian

“The Consulting Association, a shadowy organisation that compiled a list of ‘troublemakers’ — with the help of the security services — for Britain’s biggest building companies was closed four years ago. Only now can its 3,200 victims go to court and hope to win.”

Full story

The Guardian, 3rd March 2012

Source: www.guardian.co.uk

Groups of employees must act on behalf of a particular client to be protected by TUPE, tribunal rules – OUT-LAW.com

Posted February 28th, 2012 in appeals, employment, employment tribunals, news, transfer of undertakings by tracey

“The Employment Appeals Tribunal (EAT) held that in order to be considered an ‘organised grouping of employees’  under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), workers with the Eddie Stobart haulage company had to be organised according to the requirements of the client. It was not enough that, although the workers principally carried out activities on behalf of that client, they were organised according to their shifts.”

Full story

OUT-LAW.com, 27th February 2012

Source: www.out-law.com

Professional footballer brings race discrimination claim – Daily Telegraph

Posted February 27th, 2012 in employment tribunals, news, race discrimination, sport, unfair dismissal by tracey

“Mark McCammon, 33, claims that he and other black players at Gillingham FC were treated differently to white players. The tribunal case, believed to be the first race discrimination claim brought by a professional footballer, comes amid widespread concern over racism in football.”

Full story

Daily Telegraph, 26th February 2012

Source: www.telegraph.co.uk

Baby P social workers to appeal over sacking – BBC News

Posted February 21st, 2012 in appeals, employment tribunals, news, social services, unfair dismissal by tracey

“Two social workers who lost their jobs after the killing of Baby P will appeal against an employment tribunal ruling they were fairly sacked.”

Full story

BBC News, 21st February 2012

Source: www.bbc.co.uk

Gay black police officer wins discrimination case – The Guardian

“A gay black police officer who accused Scotland Yard of racial and sexual discrimination has won his case at an employment tribunal, which also found that another officer deliberately leaked a ‘distorted account’ of the claim to the Sun newspaper.”

Full story

The Guardian, 20th February 2012

Source: www.guardian.co.uk

General Teaching Council rejects Leonora Rustamova case – BBC News

Posted February 14th, 2012 in appeals, disciplinary procedures, employment tribunals, news, teachers by sally

“A teacher who was sacked after writing a racy novel about her pupils has been told she will not face a full hearing by the General Teaching Council (GTC).”

Full story

BBC News, 13th February 2012

Source: www.bbc.co.uk

Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24

Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24

“An employment tribunal could consider a claim for unfair dismissal by an employee who worked overseas if the connection between the employment relationship and Great Britain was sufficiently strong to show that that could be justified.”

WLR Daily, 8th February 2012

Source: www.iclr.co.uk

Former NHS manager awarded £1m in racial discrimination case – The Guardian

Posted January 10th, 2012 in employment tribunals, health, news, race discrimination by sally

“One of England’s biggest hospital trusts has been accused of ‘institutionalised racism’ after a senior manager it sacked won almost £1m in damages for racial discrimination and unfair dismissal.”

Full story

The Guardian, 9th January 2012

Source: www.guardian.co.uk