Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

Full Story

Cloisters, 6th December 2017

Source: www.cloisters.com

Jewish teacher wins tribunal after she was sacked for living with her boyfriend – Daily Telegraph

‘A Jewish teacher has won a tribunal after she was sacked for living with her boyfriend outside of wedlock.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Employment: Is the gig finally up for Uber? – Law Society’s Gazette

Posted December 4th, 2017 in appeals, employment, employment tribunals, interpretation, news, taxis by sally

‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’

Full Story

Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

Full Story

Employment Blog, 27th November 2017

Source: employment11kbw.com

Michalak v General Medical Council – Blackstone Chambers

‘The Supreme Court has decided that a doctor is not prevented from suing the GMC in the Employment Tribunal (“ET”) under the Equality Act 2010 (“2010 Act”) by the availability of judicial review.’

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Blackstone Chambers, 1st November 2017

Source: www.blackstonechambers.com

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

Full Story

Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

Applications open for employment tribunal fee refunds as scheme rolls out – Ministry of Justice

Posted November 16th, 2017 in employment tribunals, fees, press releases, repayment by tracey

‘All those eligible for employment tribunal fee refunds can apply from today, following a successful opening phase of the scheme.”

Full press release

Ministry of Justice, 15th November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Employee wins partial victory on harassment in pot plant case – Local Government Lawyer

‘A Westminster City Council employee has won a partial victory at an employment tribunal in a case that arose over a disputed pot plant.’

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Local Government Lawyer, 8th November 2017

Source: localgovernmentlawyer.co.uk

Regulators can be taken to employment tribunals, Supreme Court rules – Law Society’s Gazette

‘Solicitors claiming wrongful dismissal can potentially hold the Solicitors Regulation Authority to account in the employment tribunal following a Supreme Court judgment which clarifies rules on bringing complaints against qualifications bodies. The long-running case Michalak v General Medical Council and others centred on a discrimination complaint brought against the medical regulator by Dr Ewa Michalak. The SRA intervened in support of the GMC.’

Full Story

Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Tom Hickman: Public Law’s Disgrace: Part 2 – UK Constitutional Law Association

Posted October 26th, 2017 in costs, employment tribunals, fees, judicial review, news by sally

‘The issue of access to justice, and specifically the cost of litigation as a bar to accessing justice, is rightly becoming a major constitutional issue in the UK.’

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UK Constitutional Law Association, 26th October 2017

Source: ukconstitutionallaw.org

Ministry of Justice begins process of refunding £33m in employment tribunal fees – Litigation Futures

Posted October 23rd, 2017 in employment tribunals, fees, Ministry of Justice, news, repayment by sally

‘The government expects to refund £33m to employment tribunal claimants after the Supreme Court ruled tribunal fees unlawful.’

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Litigation Futures, 20th October 2017

Source: www.litigationfutures.com

Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette

Posted October 20th, 2017 in employment tribunals, fees, judiciary, news, repayment by sally

‘Employment tribunals are failing to hit basic targets and judges are departing without being replaced, users have revealed. Minutes of the National User Group Meeting on employment tribunals report that tribunals are falling short of targets for completing and disposing of claims.’

Full Story

Law Society's Gazette, 19th October 2017

Source: www.lawgazette.co.uk

Asda equal pay case: The landmark legal battle that could stop women in the UK being paid less than men – The Independent

‘The latest hearing in the UK’s largest ever private sector equal pay claim is due to kick off on Wednesday, in a case that could eventually see around 15,000 predominantly female Asda workers recovering well over £100m in pay.’

Full Story

The Independent, 10th October 2017

Source: www.independent.co.uk

Fee change: all change? – New Law Journal

‘Alex Hawley reflects on the rise in anti-austerity sentiment & the possible impact of the Unison judgment on civil court fees.’

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New Law Journal, 15th September 2017

Source: www.newlawjournal.co.uk

Addison Lee wrongly classed drivers as self-employed, tribunal rules – The Guardian

Posted September 26th, 2017 in employment, employment tribunals, holiday pay, news, self-employment, taxis by sally

‘Drivers for London-based minicab company Addison Lee could be owed wages and holiday pay after an employment tribunal test case found that some had been wrongly classed as self-employed.’

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The Guardian, 25th September 2017

Source: www.theguardian.com

Paralegal wins employment tribunal claim for £14,000 bonus from personal injury firm – Legal Futures

Posted September 5th, 2017 in contracts, employment, employment tribunals, law firms, news, paralegals by sally

‘A paralegal employed by a personal injury firm under an oral contract was entitled to a bonus payment worth almost £14,000, an employment tribunal has ruled.’

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Legal Futures, 5th September 2017

Source: www.legalfutures.co.uk

Litigant in person who walked out of assessment hearing ordered to pay £83,000 costs – Litigation Futures

Posted September 5th, 2017 in costs, doctors, employment tribunals, hospitals, litigants in person, news by sally

‘A litigant in person who “abruptly” walked out of a detailed assessment hearing before the end of the first day and failed to return, has been ordered to pay £82,930 by an employment judge.’

Full Story

Litigation Futures, 4th September 2017

Source: www.litigationfutures.com

‘Administrative’ solution to employment tribunal fee issues imminent – OUT-LAW.com

‘A short stay on employment tribunal claims brought “in reliance upon” the Supreme Court’s recent finding that the fee regime introduced in 2013 was unlawful has been lifted by the tribunal service.’

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OUT-LAW.com, 24th August 2017

Source: www.out-law.com