Employment tribunal did research on Wikipedia “to help litigant in person” – Litigation Futures

‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’

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Litigation Futures, 20th November 2014

Source: www.litigationfutures.com

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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters

‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’

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Cloisters, 23rd October 2014

Source: www.cloisters.com

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Holiday pay: What about back pay? – Cloisters

Posted November 18th, 2014 in appeals, employment, employment tribunals, holiday pay, news, remuneration by sally

‘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.’

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Cloisters, 7th November 2014

Source: www.cloisters.com

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Relief From Sanctions – Mitchell & Denton in an Employment Tribunal Context – Littleton Chambers

Posted November 18th, 2014 in civil procedure rules, employment tribunals, news, sanctions by sally

‘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.’

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Littleton Chambers, 27th October 2014

Source: www.littletonchambers.com

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The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

‘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.’

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Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

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Holiday pay – life after the EAT judgment – Halsbury’s Law Exchange

‘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.’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

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Holiday pay: Who is affected – and how much could you be paid? – The Independent

Posted November 5th, 2014 in appeals, employment tribunals, minimum wage, news, trade unions by sally

‘Staff who regularly clock up overtime could now be able to claim additional pay for annual vacation leave.’

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The Independent, 4th November 2014

Source: www.independent.co.uk

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Law urgently needed to stop backdated holiday pay claims, employers urge – The Guardian

Posted November 4th, 2014 in appeals, employment, employment tribunals, holiday pay, news, working time by sally

‘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.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

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The need to reform whistleblowing laws – OUP Blog

‘“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”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

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Relief from Sanctions in the Employment Tribunal – Six Pump Court

Posted October 8th, 2014 in civil procedure rules, employment tribunals, news by sally

‘This article explores the relevance of the Civil Procedure Rules (“CPR”) rules pertaining to relief from sanctions to Employment Tribunal proceedings.’

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Six Pump Court, 6th October 2014

Source: www.6pumpcourt.co.uk

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Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer

‘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.’

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Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

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Top town hall lawyer who praised Hitler keeps his job – Daily Telegraph

Posted September 30th, 2014 in employment tribunals, local government, news, race discrimination, solicitors by tracey

‘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.’

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Daily Telegraph, 29th September 2014

Source: www.telegraph.co.uk

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Treasury ordered to pay £142,000 to ‘whistleblower’ former civil servant – The Guardian

‘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.’

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The Guardian, 29th September 2014

Source: www.guardian.co.uk

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Court of Appeal: test for employment tribunal’s jurisdiction does not include comparison of different legal systems – OUT-LAW.com

Posted September 25th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘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.’

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OUT-LAW.com, 24th September 2014

Source: www.out-law.com

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Constructive Dismissal of an Employee Himself in Fundamental Breach of Contract – No. 5 Chambers

‘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.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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When Is Whistleblowing in the Public Interest? – No. 5 Chambers

Posted September 25th, 2014 in appeals, employment tribunals, news, public interest, whistleblowers by sally

‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

‘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.’

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Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

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Lawful Age Discrimination? – No. 5 Chambers

‘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.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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Black female Met Police firearms officer who won £40k at tribunal has all charges against her dropped – The Independent

‘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.’

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The Independent, 23rd September 2014

Source: www.independent.co.uk

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Should you ever sue your boss for discrimination? – Daily Telegraph

‘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.’

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Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

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