Employment tribunal president stays fees challenges in wake of Supreme Court ruling – Litigation Futures

Posted August 11th, 2017 in case management, employment tribunals, fees, news, stay of proceedings by tracey

‘The president of employment tribunals in England and Wales, Judge Brian Doyle, has issued a case management order staying claims brought on the basis of the Supreme Court’s ruling last month that the current fees regime is unlawful.’

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Litigation Futures, 10th August 2017

Source: www.litigationfutures.com

Council loses appeal over voluntarily-worked overtime and holiday pay – Local Government Lawyer

Posted August 3rd, 2017 in employment tribunals, holiday pay, news, volunteers, working time by tracey

‘Dudley Metropolitan Borough Council has lost a case at the Employment Appeal Tribunal over how voluntarily-worked overtime is treated in the calculation of holiday pay.’

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Local Government Lawyer, 3rd August 2017

Source: localgovernmentlawyer.co.uk

Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Christian magistrate in gay adoption row set for legal battle with 0NHS bosses – Daily Telegraph

‘A Christian magistrate who lost his job and then his role as an NHS director for speaking out against adoption by same-sex parents will this week sue NHS bosses claiming political correctness can prevent Christians holding public posts.’

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Daily Telegraph, 30th July 2017

Source: www.telegraph.co.uk

The price of Justice – UK Human Rights Blog

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘In R(on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme Court gave an important judgment regarding the importance of access of justice. The Supreme Court held that the fees imposed by the Lord Chancellor in employment tribunal and employment appeal tribunal cases were unlawful.’

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UK Human Rights Blog, 27th July 2017

Source: ukhumanrightsblog.com

Unison v Lord Chancellor: the things that landmark constitutional cases are made of – UCL Constitution Unit

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by tracey

‘On Wednesday the UK Supreme Court ruled court fees for claims before employment tribunals, introduced by the coalition government in 2013, to be illegal. Christina Lienen argues that this judgement is likely to join the ranks of landmark constitutional decisions, given its characterisation of the UK constitution as founded in common law and therefore in the hands of judges rather than politicians.’

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UCL Constitution Unit, 28th July 2017

Source: constitution-unit.com

Supreme Court rules employment tribunal fees are unlawful – The Independent

Posted July 26th, 2017 in employment tribunals, fees, news, Supreme Court by sally

‘The Supreme Court has ruled that workplace tribunal fees are unlawful, forcing the Government to repay more than £27m paid by employees for cases around unfair dismal, discrimination and other workplace issues since July 2013.’

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The Independent, 26th July 2017

Source: www.independent.co.uk

Employment tribunal upholds part of claim by monitoring officer against council – Local Government Lawyer

‘An employment tribunal has upheld a former monitoring officer’s claim of victimisation and unfair dismissal by a borough council.’

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Local Government Lawyer, 25th July 2017

Source: www.localgovernmentlawyer.co.uk

Matthew Taylor report: Government should look at reducing the cost of employment tribunal fees – The Independent

‘Government officials should look at reducing the cost of employment tribunal fees, according to Matthew Taylor, who today publishes a long-awaited review into employment rights of workers in the gig economy.’

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The Independent, 11th July 2017

Source: www.independent.co.uk

Nicholas Siddall on Employment Tribunal Costs: New Guidance – Littleton Chambers

Posted July 5th, 2017 in civil procedure rules, costs, employment tribunals, judgments, news by sally

‘Nicholas Siddall analyses the recent judgment of the EAT in Swissport v Exley & Ors [2017] UKEAT/007/16 (Slade J) in which he successfully appeared and the interesting observations therein made by the EAT as to the correct approach to assessing costs in the Employment Tribunal.’

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Littleton Chambers, 30th June 2017

Source: www.littletonchambers.com

Winning Advocacy in the Employment Tribunal – UK Police Law Blog

Posted June 29th, 2017 in advocacy, employment tribunals, news, police, trials, tribunals by sally

‘The David Hare screenplay for the recent film Denial contains the following advice to the client: ‘stay seated, button your lip, and win.’ This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’

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UK Police Law Blog, 27th June 2017

Source: ukpolicelawblog.com

Winning Advocacy in the Employment Tribunal – UK Police Law Blog

Posted June 27th, 2017 in advocacy, employment tribunals, news, police, trials, tribunals by tracey

‘The David Hare screenplay for the recent film Denial contains the following advice to the client: “stay seated, button your lip, and win.” This article seeks to plot a path for advocates to winning in large scale discrimination claims in the employment tribunal, based on the writer’s long experience of the ET and, more recently, briefs to act for the respondents in two high stakes cases, AB -v- A Chief Constable[i] and Aubrey -v- The Chief Constable of Northumbria Police[ii]. The suggested lessons apply to all types of large-scale claim in the ET.’

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UK Police Law Blog, 27th June 2017

Source: ukpolicelawblog.com

Government inspectors should enforce workers’ rights, says Law Society – The Guardian

‘Government-backed inspectors should be able to investigate companies and entire industries to prevent unscrupulous companies falsely labelling workers as self-employed, according to a leading legal body.’

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The Guardian, 21st June 2017

Source: www.theguardian.com

Father wins discrimination case against employer for failing to give him full paternity leave – Daily Telegraph

‘A father has successfully sued his employer for failing to give him full paternity leave rights, in a case thought to be the first of its kind.’

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Daily Telegraph, 11th June 2017

Source: www.telegraph.co.uk

‘Uber’ising the workforce – Counsel

‘Drivers, couriers and freelance plumbers: have the leaks in employment protection been repaired? Chris Milsom reports.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

National Minimum Wage – Local Government Law

Posted May 23rd, 2017 in appeals, employment, employment tribunals, minimum wage, news by tracey

‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’

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Local Government Law, 22nd May 2017

Source: www.11kbw.com/blogs/local-government-law

Polkey and the Problem of “Definitely Maybe” – Littleton Chambers

‘Nicholas Siddall considers the recent decision of the EAT in Zebrowski-v-Concentric Birmingham Ltd [2017] UKEAT/0245/16/DA and analyses the guidance there to be found as regards the proper approach to a Polkey deduction.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Disability Discrimination: “Perception Versus Reality” By Nicholas Siddall – Littleton Chambers

Posted May 17th, 2017 in disability discrimination, employment tribunals, equality, news by sally

Nicholas Siddall analyses the decision of the EAT in Peninsula v Baker [2017] UKEAT/0241/16 and the arguably anomalous position that this creates as regards disability in the context of equality law.

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Martin Fodder & Jeremy Lewis on Important New Decision from Court of Appeal on Workers Status for Whistleblowers – Littleton Chambers

Posted May 16th, 2017 in appeals, employment, employment tribunals, news, whistleblowers by sally

‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage – Cloisters

Posted May 16th, 2017 in appeals, employment, employment tribunals, minimum wage, news by sally

‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’

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Cloisters, 27th April 2017

Source: www.cloisters.com