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

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.”

Full story, 15th November 2012


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’.”

Full story

The Independent, 13th November 2012


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

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


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

“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.”

Full story

Hardwicke Chambers, 2nd November 2012


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.”

Full story

Employment Law Blog, 2nd November 2012


Abdulla and others v Birmingham City Council – WLR Daily

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


Companies should consider intention behind allowances after Supreme Court ruling on holiday pay says expert –

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.”

Full story, 22nd October 2012


Weekend court plans in ‘chaos’ – LegalVoice

“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.”

Full story

LegalVoice, 27th September 2012


Tribunal cannot take additional material into account when deciding whether dismissal was fair –

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.”

Full story, 24th September 2012


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.”

Full story

Department for Business Innovation & Skills, 14th September 2012


Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds –

“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.”

Full story, 14th August 2012


Hewage v Grampian Health Board – WLR Daily

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


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

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

Full story

The Independent, 31st July 2012


Gillingham FC ‘racially victimised Mark McCammon’ – BBC News

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

Full story

BBC News, 30th July 2012


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

“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.”

Full story, 20th July 2012


Government confirms “slightly lower than originally proposed” approach to tribunal fees –

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.”

Full story, 16th July 2012


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.”

Full story

The Guardian, 13th July 2012


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.”

Full story

Ministry of Justice, 13th July 2012


Facilities staff will not automatically transfer under TUPE if client changes at the same time as service provider, tribunal confirms –

“Regulations designed to protect employees when the company they work for is taken over by a new owner will not apply where the contractor providing business services changes at the same time as the client for whom those services are being carried out, the Employment Appeal Tribunal (EAT) has confirmed.”

Full story, 28th June 2012


Tribunal backlog hits record as cases ‘stem job creation’, says Beecroft – Daily Telegraph

Posted June 25th, 2012 in employment tribunals, news by sally

“The employment tribunal backlog is at a record high, figures show, as venture capitalist Adrian Beecroft warns the fear of being sued is stopping companies from creating jobs.”

Full story

Daily Telegraph, 22nd June 2012