Category: employment tribunals

A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

Posted July 26th, 2016 in appeals, disability discrimination, disabled persons, employment tribunals, news, trials by sally

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

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Cloisters, 19th July 2016

Source: www.cloisters.com

Deliveroo contracts ‘written to scare couriers from going to court over workers’ rights’ – The Independent

Posted July 26th, 2016 in contract of employment, employment, employment tribunals, news, reports, self-employment by sally

‘Deliveroo has outsmarted Uber by reportedly building clauses into the contracts of its couriers to prevent them from taking the company to court over worker’s rights.’

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The Independent, 25th July 2016

Source: www.independent.co.uk

Uber faces court battle with drivers over employment status – The Guardian

Posted July 20th, 2016 in arbitration, class actions, contract of employment, employment, employment tribunals, foreign jurisdictions, news, remuneration, self-employment, statistics, taxis by tracey

‘Uber is facing a legal challenge from drivers who say that they should be recognised officially as workers at the company, as calls grow for new rights for the UK’s burgeoning army of self-employed individuals.’

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The Guardian, 19th July 2016

Source: www.guardian.co.uk

Tribunal fees and access to justice – Law Society’s Gazette

Posted July 18th, 2016 in employment tribunals, fees, news by sally

‘Since July 2013, it has been necessary to pay a fee to bring a claim in the employment tribunal. This change was introduced with the goal of relieving the pressure on the taxpayer of meeting the £83m bill for running the Employment Tribunal Service. It was also envisaged that it would encourage parties to consider faster and earlier ways to settle disputes.’

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Law Society’s Gazette, 18th July 2016

Source: www.lawgazette.co.uk

Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, employment, employment tribunals, immigration, news, race discrimination, Supreme Court by sally

‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’

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Littleton Chambers, 23rd June 2016

Source: www.littletonchambers.com

Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, EC law, employment, employment tribunals, equality, judgments, news by sally

‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’

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Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

Posted July 12th, 2016 in constructive dismissal, employment, employment tribunals, news, sex discrimination, sport, unfair dismissal, women by sally

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

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Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk

Insufficient evidence to back employment tribunal fees in current form, MPs say – OUT-LAW.com

Posted June 23rd, 2016 in employment tribunals, fees, news, select committees, tribunals by sally

‘”Substantial changes” to the current employment tribunal fee regime are required if an appropriate balance is to be struck between meeting some of the costs of operation and maintaining access to justice, according to an influential committee of MPs.’

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OUT-LAW.com, 22nd June 2016

Source: www.out-law.com

MPs castigate government over court and tribunal fee rises – Litigation Futures

Posted June 21st, 2016 in courts, employment tribunals, fees, news, parliament, reports, select committees, tribunals by sally

‘MPs have hit out at the government’s approach to increasing court fees, with major changes needed to restore an “acceptable level of access to the employment tribunals”, and also urged ministers not to introduce any more civil court fee rises until there is research into the impact of what has been done to date, particularly on London’s competitiveness as a litigation centre.’

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Litigation Futures, 20th June 2016

Source: www.litigationfutures.co.uk

EAT: workers must be engaged in ‘principal purpose’ immediately before TUPE transfer – OUT-LAW.com

Posted June 20th, 2016 in appeals, contracting out, employment, employment tribunals, interpretation, news, transfer of undertakings by tracey

‘Whether a group of workers consists of an “organised grouping” which will automatically transfer to a new service provider when the work that they do is taken over by that provider will depend on their activities “immediately before” the transfer, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 17th June 2016

Source: www.out-law.com

Employment tribunal fees ‘will deny workers justice’ – The Independent

Posted June 20th, 2016 in asylum, costs, courts, dispute resolution, divorce, employment, employment tribunals, fees, immigration, inquiries, news, select committees, statistics, tribunals, vexatious litigants by tracey

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

How Much Can I Claim? – No. 5 Chambers

Posted June 2nd, 2016 in compensation, employment tribunals, news, redundancy, unfair dismissal, whistleblowers by sally

‘Every year the Government reviews and uprates the level of employment protection payments. The new rates come into effect on 6 April each year.’

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No. 5 Chambers, 27th May 2016

Source: www.no5.com

Employment tribunal cases withdrawn over ‘off-putting’ fees – Law Society’s Gazette

Posted June 2nd, 2016 in employment tribunals, fees, news, tribunals by sally

‘While employment lawyers await the outcome of a government review of employment tribunal fees, research by a conciliatory body suggests one in five cases were withdrawn as a result of the ‘off-putting’ fees.’

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Law Society’s Gazette, 1st June 2016

Source: www.lawgazette.co.uk

Interpreters lose MoJ race bias challenge – Law Society’s Gazette

Posted May 17th, 2016 in appeals, employment, employment tribunals, interpreters, news, race discrimination, self-employment by sally

‘The Employment Tribunal did not ’misdirect’ itself when it dismissed two interpreters’ claims for racial discrimination against the Ministry of Justice, the Court of Appeal has ruled.’

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Law Society’s Gazette, 17th May 2016

Source: www.lawgazette.co.uk

Childcare vouchers and maternity leave – Law Society’s Gazette

Posted May 9th, 2016 in appeals, benefits, children, contract of employment, employment, employment tribunals, families, maternity leave, news, remuneration by sally

‘Employment Appeal Tribunal ruling on childcare vouchers is at odds with the approach taken by most employers.’

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Law Society’s Gazette, 9th May 2016

Source: www.lawgazette.co.uk

Bike couriers launch legal fight over workers’ rights – BBC News

Posted April 22nd, 2016 in employment tribunals, holiday pay, news, remuneration, self-employment by tracey

‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’

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BBC News, 22nd April 2016

Source: www.bbc.co.uk

The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

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Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

FA asked to investigate, as Lucy Ward tribunal finds Leeds owner Massimo Cellino was sexist – The Independent

Posted April 14th, 2016 in employment tribunals, news, sex discrimination, sport by sally

‘The Football Association will be asked to launch an investigation into Leeds United owner Massimo Cellino and his former executive director Adam Pearson for alleged sexual discrimination, after an employment tribunal delivered a damning indictment of their decision to dismiss an experienced welfare worker from the club.’

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The Independent, 13th April 2016

Source: www.independent.co.uk

The Future of Employment Tribunals: A Need for Change? – Littleton Chambers

Posted April 13th, 2016 in civil justice, civil procedure rules, employment tribunals, fees, jurisdiction, news by sally

‘Dodge the tumbleweed blowing down the corridors, enter any Employment Tribunal (ET) waiting room and you will almost certainly see at least one employment lawyer sitting, staring at the dregs in their polystyrene cup looking to see whether the tealeaves will reveal if and when ET litigation will rise again, or whether the end of the ET system is nigh.’

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Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

Service Provision Changes and Multiple Organised Groupings – Littleton Chambers

Posted April 13th, 2016 in appeals, contracting out, employment tribunals, local government, news, transfer of undertakings by sally

‘Nicholas Siddall analyses the recent decision of Simler J(P) in Arch Initiatives v GMW Mental Health NHS Foundation Trust & Others [2016] UKEAT/0267/15/RN and seeks to analyse the wider importance of the decision.’

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Littleton Chambers, 5th April 2016

Source: www.littletonchambers.com