Category: employment tribunals

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.’

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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”.’

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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.’

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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 sally

‘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.’

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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 sally

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

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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 sally

‘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.’

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Education Law Blog, 7th February 2014

Source: www.education11kbw.com

Police win forced retirement tribunal claim – BBC News

Posted February 6th, 2014 in age discrimination, employment, employment tribunals, news, police, retirement by sally

‘Five police forces could face paying out millions of pounds after officers who were forced to retire after 30 years won an age discrimination claim.’

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BBC News, 5th February 2014

Source: www.bbc.co.uk

Transsexual PC’s case against Essex Police rejected – BBC News

Posted December 16th, 2013 in compensation, employment tribunals, harassment, news, police, sex discrimination by sally

‘An employment tribunal has rejected claims of harassment and discrimination by a transsexual police officer, the BBC has learned.’

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BBC News, 16th December 2013

Source: www.bbc.co.uk

When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers

Posted December 12th, 2013 in appeals, disability discrimination, employment tribunals, equality, medical treatment, mental health, news, veterinary surgeons by sally

‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence – No. 5 Chambers

Posted December 12th, 2013 in appeals, employment tribunals, news, time limits, unfair dismissal by sally

‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

Unfair dismissal claims and competing jurisdictions – No. 5 Chambers

Posted December 12th, 2013 in employment tribunals, jurisdiction, news, unfair dismissal by sally

‘When do Employment Tribunals have jurisdiction to hear unfair dismissal complaints brought by employees who work outside Great Britain? Nigel Brockley highlights the recent caselaw on this topic.’

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No. 5 Chambers, 4th December 2014

Source: www.no5.com

Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer

Posted December 12th, 2013 in appeals, disability discrimination, disabled persons, employment tribunals, local government, news, unfair dismissal by sally

‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’

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Local Government Lawyer, 11th December 2013

Source: www.localgovernmentlawyer.co.uk

Back & forth – New Law Journal

Posted December 12th, 2013 in employment, employment tribunals, fees, news, redundancy, tribunals by sally

‘Chris Bryden & Michael Salter discuss some of the key developments of 2013 & share a few predictions.’

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New Law Journal, 11th December 2013

Source: www.newlawjournal.co.uk

Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com

Posted December 10th, 2013 in appeals, care workers, Christianity, employment, employment tribunals, news, proportionality, religious discrimination, Sunday trading by sally

‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th December 2013

Source: www.out-law.com

Mba v Merton London Borough Council – WLR Daily

Posted December 9th, 2013 in appeals, care workers, Christianity, employment tribunals, human rights, law reports, local government, proportionality, religious discrimination, Sunday trading, working time by sally

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Midwife ‘failed’ four-day-old baby left in cupboard – BBC News

Posted November 20th, 2013 in children, employment tribunals, midwives, news, professional conduct by sally

“A midwife who left a baby face down in a stationery cupboard was guilty of failing to provide appropriate clinical care, a tribunal has ruled.”

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BBC News, 19th November 2013

Source: www.bbc.co.uk

Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment

Posted November 18th, 2013 in disability discrimination, disabled persons, dismissal, employment, employment tribunals, equality, mental health, news by sally

“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”

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13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com

‘Unpalatable’ John McCririck loses his age discrimination case against Channel 4 – Daily Telegraph

Posted November 14th, 2013 in age discrimination, employment, employment tribunals, media, news by sally

“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”

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Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

Banker labelled ‘crazy miss cokehead’ wins harassment claim – Daily Telegraph

Posted November 5th, 2013 in bullying, employment tribunals, harassment, insider dealing, news, sex discrimination, unfair dismissal, whistleblowers by sally

“A Cambridge graduate and high flying banker could claim millions in compensation from the Russian bank she worked at after a tribunal found she was subjected to sexual harassment by her male colleagues.”

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Daily Telegraph, 5th November 2013

Source: www.telegraph.co.uk