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

Source: www.bis.gov.uk

Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds – OUT-LAW.com

“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.”

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OUT-LAW.com, 14th August 2012

Source: www.out-law.com

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

Source: www.iclr.co.uk

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.”

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The Independent, 31st July 2012

Source: www.independent.co.uk

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

Source: www.bbc.co.uk

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

“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

OUT-LAW.com, 20th July 2012

Source: www.out-law.com

Government confirms “slightly lower than originally proposed” approach to tribunal fees – OUT-LAW.com

Posted July 18th, 2012 in employment tribunals, fees, news by sally

“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

OUT-LAW.com, 16th July 2012

Source: www.out-law.com

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

Source: www.guardian.co.uk

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.”

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Ministry of Justice, 13th July 2012

Source: www.justice.gov.uk

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

“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

OUT-LAW.com, 28th June 2012

Source: www.out-law.com

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

Source: www.telegraph.co.uk

Tribunals could be able to order companies guilty of “systemic discrimination” to carry out equal pay audits – OUT-LAW.com

“Employment tribunals will be able to order companies who lose sex discrimination cases to disclose the gap in pay between their male and female employees under plans announced by the Equalities Minister.”

Full story

OUT-LAW.com, 18th June 2012

Source: www.out-law.com

Appeal tribunal slaps down serial employment litigant – Law Society’s Gazette

Posted June 15th, 2012 in employment tribunals, news, vexatious litigants by sally

“A litigant who began 31 sets of employment tribunal proceedings over 28 months has been told he can bring no more cases without the Employment Appeal Tribunal’s express permission.”

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Law Society’s Gazette, 15th June 2012

Source: www.lawgazette.co.uk

Government proposes extended settlement agreements which will be inadmissible in tribunals – OUT-LAW.com

Posted June 13th, 2012 in bills, compensation, dismissal, employment tribunals, news by sally

“The extended use of settlement agreements, which will make it easier for employers to remove underperforming workers in exchange for a pay-off, has been proposed Business Secretary Vince Cable.”

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OUT-LAW.com, 13th June 2012

Source: www.out-law.com

Teacher wins pregnancy sacking case – The Independent

Posted June 7th, 2012 in employment tribunals, news, teachers, unfair dismissal by sally

“An art teacher at an independent girls’ school who was sacked after becoming pregnant has won her case of unfair dismissal.”

Full story

The Independent, 6th June 2012

Source: www.independent.co.uk

NHS Trust rapped on knuckles for refusing to reinstate union activist – UK Human Rights Blog

“R(on the application of Yunus Bakhsh) v Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 (Admin). This fascinating short judgment explores the extent to which a judicial review claim, or a free-standing claim under the Human Rights Act, may be precluded by a statute covering the same issue.”

Full story

UK Human Rights Blog, 30th May 2012

Source: www.ukhumanrightsblog.com

High Court Litigation Commercial Bargains and the Common Law – 11 KBW

Posted May 28th, 2012 in dismissal, employment tribunals, fiduciary duty, news by sally

“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial law and employment law meet and many of the cases turn on resolving the tension between the bargain struck between commercial men and the implied term of trust and confidence. That tension presents an opportunity for the creative and a pitfall for the unwary.”

Full story (PDF)

11 KBW, 28th May 2012

Source: www.11kbw.com

Employees must be part of a “deliberate” grouping to transfer under TUPE, tribunal says – OUT-LAW.com

“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 21st May 2012

Source: www.out-law.com

Equality reforms cut burden on business – Home Office

Posted May 16th, 2012 in employment tribunals, equality, harassment, press releases by sally

“Employers have been given a boost as a new approach to equality cuts through red tape.”

Full press release

Home Office, 15th May 2012

Source: www.homeoffice.gov.uk

Multimillionaire sacked his driver for giving Labrador a bone – Daily Telegraph

Posted May 11th, 2012 in animals, employment tribunals, news, unfair dismissal by sally

“The driver sacked by a multimillionaire racehorse owner for feeding a piece of leftover lamb to an ailing Labrador last night won his claim for unfair dismissal.”

Full story

Daily Telegraph, 11th May 2012

Source: www.telegraph.co.uk