One year on: 80% of tribunal refunds unpaid – Law Society’s Gazette

Posted August 1st, 2018 in delay, employment tribunals, fees, news, repayment by sally

‘Thousands of claimants who paid fees to bring an employment tribunal claim continue to be out of pocket one year on from a damning Supreme Court ruling that rendered fees unlawful.’

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Law Society's Gazette, 30th July 2018

Source: www.lawgazette.co.uk

Outlawing caste discrimination – the Government says “No” – Law & Religion UK

Posted July 24th, 2018 in employment tribunals, human rights, news, race discrimination by tracey

‘In 2013, s.9(5)(a) of the Equality Act 2010 was amended to impose a duty to introduce specific legal protection to make caste an aspect of race for the purposes of the Act: it currently reads. “[A Minister of the Crown] must by order amend this section so as to provide for caste to be an aspect of race”. The Government contended, however, that the subsequent Employment Appeal Tribunal judgment in Chandhok & Anor v Tirkey [2014] UKEAT 0190/14/1912 “established that many of the facts relevant in considering caste in many of its forms might be equally capable of being considered as part of a person’s ethnic origins, which is already part of the existing race provisions within the Act”.’

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Law & Religion UK, 24th July 2018

Source: www.lawandreligionuk.com

Appeal right essential where employee dismissed over right to work – OUT-LAW.com

Posted July 5th, 2018 in appeals, dismissal, employment, employment tribunals, immigration, news by tracey

‘An employee who is dismissed for being unable to prove the right to work in the UK ought to be given a right of appeal, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 4th July 2018

Source: www.out-law.com

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

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Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

MoJ “considering wider impact” of employment tribunal fees ruling as it ramps up refund efforts – Litigation Futures

Posted May 3rd, 2018 in courts, employment tribunals, fees, judgments, news, repayment by tracey

‘The Ministry of Justice (MoJ) is taking legal advice on the wider implications of last year’s Supreme Court ruling that the introduction of employment tribunal fees was unlawful, it has emerged.’

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Litigation Futures, 3rd May 2018

Source: www.litigationfutures.com

Employment tribunal vindicates law firm’s denial that former employee was disabled – Legal Futures

‘A judge has dismissed a claim by a law firm paralegal that he was the victim of disability discrimination, finding he had “dishonestly” altered a document about his medical condition and that, in any case, he had not told his employer about his supposed post-traumatic stress disorder.’

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Legal Futures, 18th April 2018

Source: www.legalfutures.co.uk

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

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Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Paralegal subjected to f-word tirades by senior partner wins harassment claims – Legal Futures

‘A paralegal who was subjected to a “long accumulation of abuse” by the senior partner of a London law firm was the victim of harassment on the grounds of age and sex, an employment tribunal has found.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Ministry of Justice pays out nearly £2m in first two months of employment tribunal fee refund scheme – Litigation Futures

Posted January 22nd, 2018 in employment tribunals, fees, news, repayment by sally

‘The government repaid £1.8m to employment tribunal claimants in the first two months of the scheme set up in the wake of the Supreme Court ruling tribunal fees unlawful, it has revealed.’

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Litigation Futures, 19th January 2018

Source: www.litigationfutures.com

Leading employment law provider unfairly dismissed senior employee, tribunal finds – Legal Futures

‘The leading unregulated provider of employment law services unfairly dismissed a senior employee, an employment tribunal has found.’

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Legal Futures, 3rd January 2018

Source: www.legalfutures.co.uk

Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk

Tribunal fee repayment scheme to last two years and cost £2m to run – Litigation Futures

Posted December 20th, 2017 in employment tribunals, fees, news, repayment by sally

‘Repaying fees to employment tribunal claimants will continue for up to two years and cost the Ministry of Justice (MoJ) between £1.8m and £2m to administer, it has emerged.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com

Businesses fear rise in ‘vexatious’ tribunal claims – Law Society’s Gazette

Posted December 20th, 2017 in employment tribunals, fees, news, vexatious litigants by sally

‘Nine out of 10 companies believe that the removal of employment tribunal fees will lead to a rise in weak or misguided claims, a survey for an employers’ lobby group has concluded.’

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Law Society's Gazette, 19th December 2017

Source: www.lawgazette.co.uk

Three judges sue Ministry of Justice for race discrimination – The Guardian

‘Three judges from black and Asian backgrounds are suing the Ministry of Justice for race discrimination and victimisation, the Guardian has learned.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

EAT decision shows employers must take care over changes to collective terms, expert warns – OUT-LAW.com

Posted December 18th, 2017 in appeals, consultations, employment tribunals, news, trade unions by sally

‘Employers keen to make changes to employee terms and conditions but who are unable to come to an agreement with a recognised trade union must be wary of collective bargaining laws, an expert has warned.’

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OUT-LAW.com, 14th December 2017

Source: www.out-law.com

Employment tribunal cases ‘double’ since Unison judgment – Law Society’s Gazette

Posted December 13th, 2017 in employment tribunals, fees, news, statistics by sally

‘The number of employment tribunal claims being brought has doubled in some areas since the Supreme Court declared the government’s tribunal fees unlawful, users have reported.’

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Law Society's Gazette, 12th December 2017

Source: www.lawgazette.co.uk

Government fights back in judges’ pension row – Law Society’s Gazette

Posted December 12th, 2017 in appeals, employment tribunals, judiciary, news, pensions by sally

‘The Employment Appeal Tribunal has begun hearing the government’s challenge to a ruling that its transitional pension arrangements for 210 judges amount to unlawful age discrimination.’

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Law Society's Gazette, 11th December 2017

Source: www.lawgazette.co.uk

May a faith-based nursery school sack a teacher for cohabitation? De Groen – Law & Religion UK

Posted December 12th, 2017 in cohabitation, employment, employment tribunals, news, teachers by sally

‘In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe.’

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Law & Religion UK, 12th December 2017

Source: www.lawandreligionuk.com

Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

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Cloisters, 6th December 2017

Source: www.cloisters.com