Category: employment tribunals

Philosophy, theology and service provision change – Hardwicke Chambers

Posted December 4th, 2012 in employment, employment tribunals, news, transfer of undertakings by sally

“As employment lawyers will know, in order to determine whether there is going to be (or has been) a service provision change (SPC) under Regulation 3 of TUPE Regulations 2006 it is necessary to subject the material facts to a number of tests. These should be carried out in a logical order starting with an examination of the relevant activities to decide whether those activities to be carried out after any SPC are fundamentally or essentially the same as those carried out before. Then one must check whether the conditions in Reg 3(3) are satisfied.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

Equal pay claims: should equal pay claims be brought in an ordinary court? – Halsbury’s Law Exchange

Posted November 20th, 2012 in courts, employment tribunals, equal pay, news, time limits by sally

“As Harvey points out in Division K, there have been inconsistent decisions over the last year on whether equal pay claims can be brought in an ordinary court, the obvious point being that in a tribunal a claimant must claim within six months of leaving the employment whereas in a court action the limitation period would be six years.”

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Halsbury’s Law Exchange, 19th November 2012

Source: www.halsburyslawexchange.co.uk

EAT provides clarity on what it means to provide a “short-term” service – OUT-LAW.com

Posted November 15th, 2012 in appeals, employment tribunals, news, transfer of undertakings by sally

“A contract for a ‘single specific event’ need not necessarily be of ‘short-term duration’ to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 15th November 2012

Source: www.out-law.com

Why church staff are keeping an eye on lap dancer ruling – The Independent

Posted November 14th, 2012 in appeals, employment tribunals, news, self-employment, unfair dismissal by sally

“A lap dancer who wants to make an unfair dismissal claim is waiting to hear whether she has won a legal fight with a firm that runs ‘gentlemen’s clubs’.”

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The Independent, 13th November 2012

Source: www.independent.co.uk

Hudson v Secretary of State for the Department for Work and Pensions – WLR Daily

Posted November 12th, 2012 in employment tribunals, fixed-term contracts, government departments, law reports by sally

Hudson v Secretary of State for the Department for Work and Pensions [2012] EWCA Civ 1416; [2012] WLR (D) 312

“Fixed-term contracts by which an employee worked on a government scheme regardless of when the scheme began or ended could not be included in any calculation of four years’ continuous employment which would otherwise allow a fixed-term employee to become a permanent employee.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Assignment & Organised Grouping: Where Does The Law Currently Stand? – Hardwicke Chambers

Posted November 7th, 2012 in contract of employment, employment tribunals, news, regulations, transfer of undertakings by sally

“This paper concerns part of TUPE1 regulation 4(1) and regulation 3(3)(a). There’s a summary of the main points at the end of it, on page 7.”

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Hardwicke Chambers, 2nd November 2012

Source: www.hardwicke.co.uk

Apparent Bias – Employment Law Blog

Posted November 5th, 2012 in bias, employment tribunals, news, race discrimination by sally

“In Bhardwaj v First Division Association and others, UKEAT/ 0157 & 0158/11/2T, Judgment on 1 November 2012, the EAT (Wilkie J presiding) held that, although one of the circumstances complained of may have required the ET members to have recused themselves on grounds of ‘apparent bias’, had such an application been made, in fact, the agreement of the parties, including the Appellant, that the hearing should continue, notwithstanding the revelation of those circumstances, was effective to act as a waiver of any such ‘apparent bias’ and so the hearing of the claims by the ET, as then constituted, was lawful and effective.”

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Employment Law Blog, 2nd November 2012

Source: www.employment11kbw.com

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

Companies should consider intention behind allowances after Supreme Court ruling on holiday pay says expert – OUT-LAW.com

Posted October 22nd, 2012 in employment tribunals, holiday pay, news, Supreme Court by sally

“Employers must consider the intention behind payments made on top of an employee’s basic pay following the Supreme Court’s ruling that pilots should be paid their ‘normal remuneration’ during their four weeks’ statutory annual leave, an expert has said.”

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OUT-LAW.com, 22nd October 2012

Source: www.out-law.com

Weekend court plans in ‘chaos’ – LegalVoice

Posted September 27th, 2012 in courts, employment tribunals, equality, magistrates, news, pilot schemes, prisons, sex discrimination, solicitors by sally

“Ministry of Justice (MoJ) plans to pilot Sunday magistrates’ courts have been hit by a technical hitch after prisons said they could not accept new prisoners on that day, writes Elizabeth Davidson. However, its pilot of full-day Saturday courts is still on schedule to begin in the Manchester area this weekend, despite vocal opposition from local criminal lawyers, some of whom claim taking part could leave them vulnerable to expensive employment tribunal claims.”

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LegalVoice, 27th September 2012

Source: www.legalvoice.org.uk

Tribunal cannot take additional material into account when deciding whether dismissal was fair – OUT-LAW.com

Posted September 25th, 2012 in employment tribunals, evidence, news, unfair dismissal by sally

“A tribunal cannot rely on additional matters not taken into account by an employer when deciding whether a dismissal is fair, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 24th September 2012

Source: www.out-law.com

Employment Tribunal Rules – review by Mr Justice Underhill – Department for Business Innovation & Skills

Posted September 18th, 2012 in consultations, employment tribunals, news by sally

“In November 2011, Mr Justice Underhill, former President of the Employment Appeal Tribunal was invited by Government to lead a fundamental review of the rules of procedure for employment tribunals. He was asked to ensure that the rules were simplified and provided the framework to manage cases flexibly, effectively, proportionately and consistently, providing certainty to all parties who participate in the employment tribunal process.”

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Department for Business Innovation & Skills, 14th September 2012

Source: www.bis.gov.uk

Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds – OUT-LAW.com

Posted August 14th, 2012 in appeals, charities, employment, employment tribunals, news, transfer of undertakings by sally

“Directors of a charity cannot form part of an ‘organised grouping of employees’ and so cannot take advantage of certain legal protections when the service they provide is taken in-house, the Employment Appeal Tribunal (EAT) has found.”

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OUT-LAW.com, 14th August 2012

Source: www.out-law.com

Hewage v Grampian Health Board – WLR Daily

Posted August 1st, 2012 in burden of proof, employment tribunals, law reports, race discrimination, sex discrimination, Supreme Court by sally

Hewage v Grampian Health Board [2012] UKSC 37; [2012] WLR (D) 235

“In considering a claim for discrimination in the employment tribunal, the statutory burden of proof provisions only required careful attention where there was room for doubt as to the facts necessary to establish discrimination.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Pay-out for ex-postal worker over race discrimination – The Independent

Posted August 1st, 2012 in compensation, employment tribunals, human rights, news, race discrimination by sally

“A former postal worker has been awarded undisclosed compensation after an employment tribunal ruled he had faced discrimination.”

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The Independent, 31st July 2012

Source: www.independent.co.uk

Gillingham FC ‘racially victimised Mark McCammon’ – BBC News

Posted July 30th, 2012 in disciplinary procedures, employment tribunals, medical treatment, news, race discrimination, sport, unfair dismissal by sally

“A black footballer’s dismissal by his club was unfair racial victimisation, a tribunal has ruled.”

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BBC News, 30th July 2012

Source: www.bbc.co.uk

Employer liable for “gay and proud” Facebook status hijack of ex-employee by colleagues – OUT-LAW.com

Posted July 23rd, 2012 in employment tribunals, harassment, internet, news, professional conduct, sexual orientation discrimination, unfair dismissal, vicarious liability by tracey

“A company can be liable for unwanted comments made on the Facebook account of an employee by colleagues, providing that the actions ‘fall within the course of employment’, an employment tribunal has found.”

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OUT-LAW.com, 20th July 2012

Source: www.out-law.com

Government confirms “slightly lower than originally proposed” approach to tribunal fees – OUT-LAW.com

Posted July 18th, 2012 in employment tribunals, fees, news by tracey

“The Government is to press ahead with plans to introduce fees for workers wishing to raise a claim with an employment tribunal from the summer of 2013, it has announced. Those on low incomes can apply for exemption from the proposed fees.”

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OUT-LAW.com, 16th July 2012

Source: www.out-law.com

Employment tribunal fees branded a disgrace by unions – The Guardian

Posted July 16th, 2012 in employment tribunals, fees, news, trade unions by sally

“The government announced on Friday the introduction of a fee of up to £1,200 for taking claims to an employment tribunal.”

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The Guardian, 13th July 2012

Source: www.guardian.co.uk

Employment tribunal fees set to encourage mediation and arbitration – Ministry of Justice

Posted July 13th, 2012 in dispute resolution, employment tribunals, fees, news by sally

“Employment tribunal fees will be tailored to encourage businesses and workers to mediate or settle a dispute rather than go to a full hearing from summer 2013.”

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Ministry of Justice, 13th July 2012

Source: www.justice.gov.uk