Category: employment tribunals

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Posted June 27th, 2014 in abuse of process, appeals, employment, employment tribunals, estoppel, harassment, law reports, limitations, race discrimination, striking out by tracey

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’

Full story

Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Burrell v Micheldever Tyre Services Ltd – WLR Daily

Posted June 5th, 2014 in appeals, employment tribunals, jurisdiction, law reports by sally

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716; [2014] WLR (D) 241

‘The Employment Appeal Tribunal could contain the application of the conventional approach to remittal in a number of ways, namely by (i) being robust when applying that approach, (ii) encouraging parties to consent to the Appeal Tribunal disposing of the case itself and (iii) limiting the scope of any remittal made.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Court of Appeal: EAT’s role is not to rule on employment cases on their merits – OUT-LAW.com

Posted June 5th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The role of the UK’s Employment Appeal Tribunal (EAT) is generally limited to ruling on the lawfulness of an employment tribunal’s decisions rather than making its own assessment of a case, the Court of Appeal has confirmed.’

Full story

OUT-LAW.com, 4th June 2014

Source: www.out-law.com

Bone v North Essex Partnership NHS Foundation Trust – WLR Daily

Posted May 22nd, 2014 in appeals, employment tribunals, jurisdiction, law reports, trade unions by sally

Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652; [2014] WLR (D) 214

‘It was not necessary in a claim for detriment under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the independence of the relevant trade union to be established in order for an employment tribunal to have jurisdiction.’

WLR Daily, 15th May 2014

Source: www.iclr.co.uk

Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com

Posted May 21st, 2014 in appeals, contracting out, employment tribunals, interpretation, local government, news, parking, transfer of undertakings, unfair dismissal by tracey

‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’

Full story

OUT-LAW.com, 21st May 2014

Source: www.out-law.com

Discrimination and political membership – should we revisit Redfearn? – Halsbury’s Law Exchange

Posted May 12th, 2014 in appeals, employment tribunals, equality, human rights, news, partnerships, political opinion discrimination, race discrimination, unfair dismissal, whistleblowers by sally

‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’

Full story

Halsbury’s Law Exchange, 12th May 2014

Source: www.halsburyslawexchange.co.uk

Jafri v Lincoln College – WLR Daily

Posted May 1st, 2014 in appeals, employment, employment tribunals, law reports by sally

Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178

‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

EAT not usually entitled to resolve factual disagreements in UK employment cases, Court of Appeal rules – OUT-LAW.com

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

‘The UK’s Employment Appeal Tribunal (EAT) will not normally be able to resolve factual disagreements between parties involved in an employment dispute without parties’ permission, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 24th April 2014

Source: www.out-law.com

Male employees sue university for alleged sexual discrimination, claiming unequal pay to women – The Independent

Posted April 22nd, 2014 in employment, employment tribunals, equal pay, news, sex discrimination, universities, Wales by sally

’26 men are suing a Welsh university over allegations that they have been victims of sexual discrimination in the work place and received unequal pay to their female counterparts.’

Full story

The Independent, 18th April 2014

Source: www.independent.co.uk

Changes to UK laws aim to further curb number of cases going to employment tribunal – OUT-LAW.com

Posted April 8th, 2014 in arbitration, dispute resolution, employment tribunals, fees, news by sally

‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’

Full story

OUT-LAW.com, 7th April 2014

Source: www.out-law.com

Not sex discrimination to dismiss employee for post-natal depression absence after maternity leave finished, says UK EAT – OUT-LAW.com

Posted March 13th, 2014 in appeals, employment, employment tribunals, equality, mental health, news, pregnancy, sex discrimination, sick leave, unfair dismissal by tracey

‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’

Full story

OUT-LAW.com, 12th March 2014

Source: www.out-law.com

Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

Posted March 11th, 2014 in age discrimination, airports, compensation, employment, employment tribunals, insurance, news, parking, unfair dismissal by tracey

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

Full story

The Independent, 10th March 2014

Source: www.independent.co.uk

Tribunal fees regime rolls on. For now… – 13 KBW Employment

Posted March 10th, 2014 in employment tribunals, equality, fees, judicial review, minorities, news, race discrimination by sally

‘The union challenge to the Tribunal fees regime was seen off by Chambers’ own Susan Chan, representing the Lord Chancellor as sole counsel, who herself enjoys a busy employment practice. For obvious reasons she is unable to comment on the matter herself. Though of course a public law case, there can scarcely have been a judicial review decision in recent memory of more interest to the employment practitioner.’

Full story

13 KBW Employment, 7th March 2014

Source: www.13bbwemployment.wordpress.com

Police forces appeal against A19 retirement ruling – BBC News

Posted March 4th, 2014 in appeals, employment tribunals, news, police, proportionality, retirement, tribunals by sally

‘Five police forces have appealed against a ruling that their use of a regulation to make older officers retire was not “proportionate”.’

Full story

BBC News, 3rd March 2014

Source: www.bbc.co.uk

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Posted February 12th, 2014 in appeals, EC law, employment tribunals, equality, judicial review, law reports by sally

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) [2014] EWHC 218 (Admin); [2014] WLR (D) 57

‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’

WLR Daily, 7th February 2014

Source: www.iclr.co.uk

Age discrimination in the police force – the A19 test case – Halsbury’s Law Exchange

Posted February 12th, 2014 in age discrimination, employment tribunals, news, police, retirement by sally

‘In the recent police A19 test case, the Employment Tribunal unanimously found, “that the practice of requiring the retirement of nearly all officers in the Forces who could be required to retire under Regulation A19 of the Police Pensions Regulations 1987 was not a proportionate means of achieving a legitimate aim”, and therefore amounted to age discrimination.’

Full story

Halsbury’s Law Exchange, 11th February 2014

Source: www.halsburyslawexchange.co.uk

UNISON’s employment tribunal fees challenge dismissed, but impact of new regime not yet apparent, says High Court – OUT-LAW.com

Posted February 10th, 2014 in EC law, employment tribunals, equality, fees, news, proportionality, race discrimination, sex discrimination, trade unions by tracey

‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’

Full story

OUT-LAW.com, 10th February 2014

Source: www.out-law.com

Claimant faces record costs after tribunal – Law Society’s Gazette

Posted February 10th, 2014 in costs, disclosure, employment tribunals, equality, local government, news by tracey

‘An employment tribunal has ordered a claimant who unsuccessfully took a local authority to tribunal to pay record costs for an individual.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Staff restructuring and efficiency savings – Education Law Blog

Posted February 7th, 2014 in education, employment tribunals, news, transfer of undertakings, unfair dismissal by tracey

‘In Hazel and Huggins v Manchester College [2014] EWCA Civ 72 the Court of Appeal has dismissed the College’s appeal against a majority Employment Tribunal decision that the dismissals of two lecturers at HMP Elmley in Kent, Mrs Hazel and Mrs Huggins (“H&H”) were not for an “economic technical or organisational” (ETO) reason that entailed a change in the workforce, but were because they refused to agree to new, reduced terms, and this was connected to a TUPE transfer, making their dismissals automatically unfair.’

Full story

Education Law Blog, 7th February 2014

Source: www.education11kbw.com