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Sky News: Office of Fair trading drops Bank Charge Litigation

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Sky News have broken the story that the OFT will announce at 7am tomorrow that it intends to drop the Bank Charges case. See below for an interview spot with me on Sky News. https://youtu.be/mbHMdQ9UZic ​...

IVF Treatment and Sex Discrimination

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[Thanks to  Caroline Musgrave  of Cloisters for providing this case summary] The EAT (Underhill P) has handed down its decision in  Sahota v Home Office , which considers whether IVF treatment should be treated as equivalent to pregnancy...

Drop in Annual Compensation Limit

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For the first time ever, the annual review of compensation limits has resulted in a reduction to the maximum compensatory award limit. From 1st February 2010, the maximum compensatory award drops from £66,200 to £65,300. A week's pay (for...

Contingency Fees: Consultation

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Following consultation, the above Regulations have now been published and are currently the subject of further consultation with the appropriate consultees. It is the Government's proposal to lay the Regulations as early as possible in the new...

Review of the Year (and other exciting things)

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On behalf of everyone who produces these bulletins, I am writing to wish you a very happy Christmas and New Year, and to thank you for continuing to read these newsletters. I would also like to highlight these two really useful resources:- first, the...

Supreme Court Decision on JFS Case

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The Supreme Court has, this morning, held by a 5:4 majority that the (old) admissions policy of JFS  is  directly discriminatory on grounds of race. I'm not going to summarise the reasoning (it's very long). Both a press...

Compromise Agreements

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[Thanks to Lionel Stride of 1 Temple Gardens for providing this case summary] The EAT (Silber J) has handed down its decision in  Industrious Ltd v Vincent , which is authority for the proposition that the Employment Tribunal does have...

Religious Belief v Sexual Orientation

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[Thanks to Claire Darwin of Matrix Chambers for summarising this case] The Court of Appeal has this morning handed down its judgment in  Ladele v London Borough of Islington  (the Christian registrar case). It is authority for the...

Costs - Important Case

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The Court of Appeal has handed down a short supplemental judgment in  St Albans' Girl School v Neary  (see bulletin 16/11/09) dealing with the School's application for the costs of the Court of Appeal hearing. The Court of Appeal held that...

Protection from Harassment Act

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[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Veakins v Keir Islington Ltd , which is authority for the proposition that ... In a claim for harassment under...

TUPE - Failure to Consult

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[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (HHJ Peter Clark) has handed down its decision in  Cable Realisations v GMB  , which is authority for the proposition that: in a TUPE transfer, the obligation to...

Religious Belief Discrimination

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[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Underhill P) has handed down its decision in  McFarlane v Relate , which is authority for the proposition that:- following Ladele (the Registrar case),...

Evening Sessions for Employment Tribunals

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The Tribunals Service has started a six-month pilot scheme, with Stratford and Cardiff tribunals sitting between 6pm and 8pm to hear straightforward claims involving a judge sitting without members (such as unpaid wages claims). Clearly there are...

Sky News: Bank Charges and the Supreme Court

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Live interview with Sky News this morning as the Supreme Court handed down its judgment in Office of Fair Trading v Abbey National & ors. The Supreme Court held that unauthorised overdraft charges made by banks fell outside the provisions of...

Age Discrimination

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[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The EAT (Underhill P) has handed down its decision in  ABN Amro v Hogben  , which is authority for the proposition that:- where an application is made to...

Retirement: Employment Judge Colin Sara

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Employment Judge Colin Sara, who has sat as a salaried employment judge in Bristol for over 20 years, retired last week. There will be a valedictory address this coming Friday (27th November) at the Bristol tribunal at 2.30pm for all those of us who wish to...

Breaking News: Queen's Speech

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As widely anticipated, the Queen's Speech includes provisions limiting bankers' bonuses. The  Financial Services and Business Bill  will "control the system of rewards" in the finance sector. The Queen also announced a Bill to...

Territorial Jurisdiction

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[Thanks to  Paul Lewis  of St John's Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Diggins v Condor Marine  , which is authority for the proposition that an employee who works on a...

Compensation

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[Thanks to Kathleen Donnelly of Henderson Chambers for preparing this case summary] The Court of Appeal has handed down its decision in  Chaggers v Abbey National , which is authority for the following propositions: in a discriminatory...

Relief from Sanctions

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[Thanks to Kathleen Donnelly of Henderson Chambers for preparing this case summary] The Court of Appeal has handed down its decision in  The Governing Body of St Albans Girls' School v Neary , which is authority for the proposition that...

Disability Discrimination - Reasonable Adjustments

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[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] Section 4A(3) of the Disability Discrimination Act 1995 states that employers do not need to make reasonable adjustments in certain circumstances. The EAT has, this...

Whistleblowing: Meaning of 'Disclose Information'

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[Thanks to Ed McFarlane of EEF for preparing this case summary] The EAT (Slade J) has handed down its decision in  Cavendish Munro v Geduld , which is authority for the proposition that:- to make a protected disclosure it is necessary to...

Volunteers not covered by Disability Discrimination Act

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[Thanks to  Will Dobson  of Cloisters for preparing this case summary] X v Mid-Sussex CAB  is authority for the proposition that 'volunteers' (such as unpaid charity or CAB workers) are not protected by the Disability...

Discrimination: Philosophical Belief

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[Thanks to John Bowers QC, who represented the employer, for telling me this judgment had been handed down] The Employment Appeal Tribunal (Burton J sitting alone) has held in  Grainger plc v Nicholson  that a belief in man-made climate change,...

Age Discrimination / Pay Protection

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[Thanks to Kathleen Donnolly of Henderson Chambers for providing this case summary] The EAT (Underhill P) has handed down its decision in  Pulham v London Borough of Barking , an age discrimination / pay protection case, which is authority...

Associative Discrimination

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[Thanks to  Will Dobson  of Cloisters for writing this summary] The EAT has, this morning, given another important and far reaching judgment in the long running case of Attridge Law v Coleman. It will be recalled that the ECJ held...

Default Retirement Age: Consultation

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The government has asked businesses and individuals to submit evidence on the default retirement age, to feed into the review taking place next year. The evidence requested includes:- the operation of the default retirement age in practice; the reasons...

Protective Costs Orders

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[Thanks to Rosa Dickinson of St Philips Chambers for preparing this case summary] The Court of Appeal has handed down its judgment in  Eweida v British Airways , deciding that a protective costs order is not available in private litigation....

Equal Pay: Service Related Pay Schemes

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[Thanks to Ben Cooper of Old Square Chambers, junior counsel for Mrs Wilson, for providing this case summary] The Court of Appeal's decision in  Wilson v Health & Safety Executive  is authority for the proposition that, in an...

Discrimination

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[Thanks to Chris Milsom of St Philips Chambers for preparing this case summary] The EAT (Cox J) has handed down its decision in  Ministry of Defence v Debique , an indirect discrimination claim. The decision serves as an illustration of the...

TUPE Consultation

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[Thanks to David Reade, who appeared for the CWU, for telling me about this case, and to Joanne Sefton - both of  Littleton Chambers - for summarising it] In  Royal Mail v Communication Workers Union  , the Court of Appeal has considered...

Employment Status

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[Thanks to Patrick Green and Kathleen Donnelly, of  Henderson Chambers , who appeared on behalf of the Appellant, for this summary] The Court of Appeal yesterday handed down judgment in  Autoclenz v Belcher , which primarily concerned the vexed...

Costs - just a thought...

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I have long been vexed by the EAT's decision in  Telephone Information Services v Wilkinson [1991] IRLR 148, in which the EAT held that it is not "frivolous or vexatious" for a Claimant to pursue an unfair dismissal claim even though...

Sky News: Sharon Shoesmith

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Sky News picked up on a piece I did for LBC 97.3 this morning about Sharon Shoesmith. See the video below (I appear at 1:58). https://youtu.be/IzRYvTan6Vo ...

Employment Tribunal Statistics 2008/09

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The  Employment Tribunal and EAT statistics 2008/09  have been published today. Key findings:- 20% decrease in the number of claims accepted - but if multiple airline (cabin crew) claims are excluded, there is in fact a 4% decrease unfair...

Breaking News: Heyday Decision Out...

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The High Court has just handed down its decision in the  Heyday  appeal, ruling that it is legal for UK law to allow employers to force employees to retire at age 65. BBC news story  here ... (and see the history of this...

Default Retirement Age - More Detail

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[Thanks to Schona Jolley for writing this case summary, and  Declan O'Dempsey  (who appeared in the Heyday case) for sending me the decision ] Judgment was handed down today in the  Heyday litigation . Age UK challenged the...

Employment Status - Ultra Vires contracts

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[Thanks to Chris Milsom of St Philips Chambers for preparing this case summary] The EAT (Slade J) has handed down its decision in  Shrewsbury NHS Trust v Lairikyengban . In upholding the appeal, the EAT ruled that an employment contract...

Gordon Brown to fast-track agency workers' rights

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[Thanks to emplaw.co.uk for allowing me to use their summary] Speaking at the TUC annual conference in Liverpool, the Prime Minister has said: "I believe that the fight for fairness must include agency workers and so I pledge... that when...

Avoiding the statutory uplift

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[Thanks to Ed McFarlane of EEF for preparing this case summary] An interesting case... The EAT has handed down judgment in the case of  Tim Arrow & Sons v Olney , which is authority for the proposition that where a Tribunal award...

Workers can reclaim holidays lost to sickness

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[Thanks to Lionel Stride of 1 Temple Gardens for preparing this case summary] The ECJ has handed down its decision in  Pereda , which is authority for the proposition that a period of illness whilst on holiday does not count towards the...

Norton Tool and Constructive Dismissal

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The Court of Appeal has overturned the EAT (see  summary  of the EAT decision) in  Stuart Peters v Bell , holding that the  Norton Tool  principle does  not  extend to constructive dismissal, and so a constructively...

London (East) Tribunal is moving

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No more trips to Stratford. From 30th September 2009, the London (East) tribunal moves to new premises in London E14 (Docklands, near Canary Wharf). The old hearing centre closes for business on 24th September. Full details here....

New DCSF Guidance on Employing Children

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Ever wondered whether Mr Grimes breached health and safety laws when sending Tom up the chimney? Or whether Miss Hannigan breached the Working Time Regulations when forcing Annie to sweep the orphanage floor? Well, wonder no more. The Department for...

Costs: Lying Litigants

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[Thanks to  Will Dobson  of Cloisters for providing this case summary] The EAT in  Dunedin Canmore Housing Association v Donaldson  has held that it was perverse for the Tribunal to have refused to award costs where the claimant's...

TUPE and Constructive Dismissal (Important Case)

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[Thanks to Ed McFarlane of EEF for preparing this case summary] The EAT has handed down its decision in  Tapere v South London & Maundsley NHS Trust , which is authority for the proposition that: post-transfer, the test for whether a...

Disability Discrimination and Local Government Pensions

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[Thanks to Emma Price of 1 Temple Gardens for preparing this case summary] The Court of Appeal has handed down its decision in  Booth v Oldham MBC , an interesting case about 1) the effect of a failed DDA claim on a breach of contract...

Discrimination: Motive of Employer

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[Thanks to Lionel Stride of 1 Temple Gardens for preparing this case summary.] [Listen to  Daniel Barnett discussing this case  on LBC 97.3] The EAT (Underhill P) has handed down its decision in  Amnesty International v Ahmed ,...

Industrial action: Strikes and Ballots

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[Thanks to Ed McFarlane of EEF for preparing this case summary.] The Court of Appeal has handed down its decision in  Metrobus v UNITE , which is authority for the propositions that: a union is obliged to inform an affected employer of...

Bias: Peninsula and trechant comments

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[Thanks to Ed McFarlane of EEF for preparing this case summary.] The EAT (Slade J) has handed down its decision in  Peninsula v Rees & ors , which is authority for the proposition that the test for the appearance of a risk of bias can...

Disability Discrimination: Excluded Conditions

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[Thanks to Will Dobson of Cloisters for preparing this case summary] The case of X Endowed Primary School v Mr & Mrs T (transcript not yet up on BAILII, but will in due course will be  here ) is authority for the proposition that where a disabled...

Employment Status - consultation

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[Thanks to Professor Anne Redstone, visiting professor at King's College, London, for writing this bulletin] HM Revenue and Customs have published a consultation document yesterday called ' False Self-employment in Construction ”. It...

Right to Legal Representation at Disciplinary Hearings

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The Court of Appeal has handed down its decision in  Kulkarni v Milton Keynes Hospital NHS Trust , which:- a. is authority for the proposition that NHS doctors are entitled to legal representation if is authority for the proposition that NHS doctors...

Industrial Action and Dismissals

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Thanks to Ed McFarlane of EEF  (pictured)  for preparing this case summary. Thanks also to John Bowers QC of Littleton Chambers, leading counsel for Gate Gourmet, for telling me the decision had been handed down. The EAT (Underhill P) has...

Tribunal Service Annual Report

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Thanks to Louise Jones of 1 Temple Gardens for preparing this summary. The  Tribunals Service Annual Report and Accounts  have been published today, marking the third year of the Tribunals Service. Important announcements for...

Equal Pay: Time Limits and TUPE

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[Thanks to John Bowers QC of Littleton Chambers, Counsel for the employer, for telling me abot this decision, and to Mark Berry of Thompsons, solicitors for the Claimants, for writing the case summary] The Court of Appeal has today handed down its...

Employment Status: Substitution Clauses

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[Thanks to Lydia Carter, pupil barrister at Littleton Chambers, for preparing this case summary] The EAT (Slade J) has handed down its decision in  Archer-Hoblin v MacGettigan , which is authority for two propositions. the construction of...

Addendum: Comparators in Equal Value Claims

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Thanks to all those who have emailed me to say that the link in my last bulletin (meant to go to  Hovell v St Peter's NHS Trust ) is wrong. The case transcript has been removed from BAILII and is no longer accessible - I don't know why. It will...

Equal Pay: Comparators in Equal Value claims

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[Thanks to Ed McFarlane of EEF for providing this case summary]   The Court of Appeal has handed down its decision in  Hovell v St Peters NHS Trust  , which is authority for the proposition that where a Job Evaluation Scheme has...

Disability Discrimination: Malcolm continues

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[Thanks to Caroline Musgrave of Cloisters for summarising this decision] The EAT has held, in  Fareham College v Walters , that a decision to dismiss can be an unlawful act of disability discrimination by reason of being a failure to make reasonable...

Construction of Contracts

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[Thanks to www.emplaw.co.uk for allowing me to reproduce their summary of this case] The House of Lords decision in  Chartbrook v Persimmon Homes  is not an employment law case. It is noted here because it deals, at length, with the...

Important Case: House of Lords considers Disability Discrimination Act

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[Thanks to  Paul Lewis  of St John's Chambers for providing this case summary] The House of Lords has handed down its important decision in the case of  SCA Packaging v Boyle , which is authority for the proposition that the word...

Compensatory Award

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[Thanks to  Paul Lewis  of St John's Chambers for preparing this case summary] The EAT has handed down its decision in  Saunders v OCS Group , which is authority for the proposition that in deciding whether to make a compensatory award...

TUPE: Service Provisions Change

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[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT has considered, in  Metropolitan Resources v Martin Cambridge  , the correct approach for establishing whether or not a service provision change falls withinTUPE 2006. A...

Equal Pay

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[Thanks to Sarah Bourke of Tooks Chambers, junior Counsel for the Claimants, for providing this case summary] The EAT has today handed down its judgment in  South Tyneside v McAvoy  which is authority for the proposition that male...

Reinstatement

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[Thanks to Emma Price of 1 Temple Gardens for preparing this case summary] The EAT handed down its decision in the case of  Central & NW London NHS Trust v Abimbola , dealing with the factors a tribunal must take into account when...

Michael Duggan's Case Index

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Barrister Michael Duggan of Littleton Chambers has produced his latest online  employment law bulletin  and  employment law index . As before, they are truly excellent documents and he is making them available to all readers of this...

Settlement Negotiations trigger automatic extension of time

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[Thanks to Lionel Stride of 1 Temple Gardens for preparing this case summary] The EAT (HHJ McMullen QC) has handed down its decision in  Eagles v Rugged Systems Ltd , which is authority for the proposition that, if a claimant reasonably...

Holiday Pay - House of Lords decision

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[Thanks to Michael Ford of Old Square Chambers, instructed by Thompsons on behalf of the employees, for preparing this summary] The House of Lords has today decided in favour of the workers in the long-running litigation in  Stringer v HMRC...

Costs

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[Thanks to Emma Price of 1 Temple Gardens for preparing this case summary] The EAT has handed down its decision in  Verma v Harrogate NHS Trust , which is authority for the proposition that where a costs order is made pursuant to dismissal...

Bye bye BERR. Hello BIS

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[Thanks to David Hewitt of Citation plc for telling me about this] The Department for Business, Enterprise and Regulatory Reform ('BERR'), formed only two years ago the Department of Trade and Industry with the Better Regulation Executive, is to...

Territorial Jurisdiction

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[Thanks to  Thomas Brown  of Cloisters for writing this case summary] Lady Smith, sitting in the EAT in Scotland, has held in  Dolphin Drilling Personnel Pte Limited v. Winks , that it is an error of law for an Employment Tribunal to apply...

Constructive Dismissals and Grievances

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[Thanks to Will Dobson, pupil barrister at Cloisters, for summarising this case] The EAT, in  Parsons v Burworth Estates  (Underhill P presiding), has held that there was no reason why a tribunal could not consider a constructive unfair...

New 'Fit Note' Unveiled

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[Thanks to Eugenie Verney for sending me this information] The government has announced details of its new 'Fit Note', to replace the MED3 sicknote. There is currently a 12-week consultation on the design of the Fit Notes, and it is intended that...

Failure to pay tribunal award capable of being Victimisation

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[Thanks to Anya Palmer of Old Square Chambers for summarising this case] In  Rank Nemo (DMS) Ltd v Coutinho  the Court of Appeal holds that an ex-employee is entitled to proceed with a claim for victimisation against a (new)...

Costs: Lying Litigants

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[Thanks to  Paul Lewis  of St John's Chambers for writing this case summary] The EAT has handed down its decision in  Daleside Nursing Home v Mathew , which is authority for the proposition that where there is a clear-cut finding that...

Part Time Workers

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[Thanks to Marcus Pilgerstorfer of Old Square Chambers, who acted for the Appellant, for providing this case summary] The EAT has handed down its decision in  Carl v The University of Sheffield  , which is authority for the following...

Equal Pay: Time Limits and New Contacts

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[Summary written by Michael Duggan, barrister at Littleton Chambers and author of Equal Pay: Law and Practice (Jordans Employment Law Series 2009)] The EAT has handed down an important judgment in  Potter v North Cumbria Acute Hospitals NHS...

Discrimination: Extensions of Time

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[Thanks to Anya Palmer of Old Square Chambers, who acted for the employee in this case, for writing this summary.] In  Carter v London Underground Limited , the EAT holds for what is by now the umpteenth time that the House of Lords...

Constructive Dismissal

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Two interesting cases were handed down last week on constructive dismissal. The first case, summarised by Tom Brown, Jason Galbraith-Martin and Ed Williams of Cloisters (all of whom appeared in the case), is  Bournemouth University Higher...

A Procedural Pigs' Breakfast

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[Thanks to Michael Duggan of Littleton Chambers, who successfully represented the employer, for providing this summary] "A procedural pigs' breakfast" was the description given by Underhill P. to the strike out provisions of the...

Extensions of Time

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In  Accurist Watches v Wadher , the Employment Appeal Tribunal (Underhill P) has held that although evidence is required when considering an application to extend time, it need not be in any particular form. Specifically it need not be in the form of...

Directors' Pay and Bonuses

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A couple of interesting developments to report today... First, the High Court has refused to order payment of a £175,000 severance payment agreed with the chief executive of an NHS Trust, on the basis that her performance was so bad that the...

Extension of registration scheme for Eastern European Workers

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[Thanks to Tom Royston of Leeds CAB for telling me about this and providing the summary] The government has announced that the  Worker Registration Scheme  , which had been expected to end on 30 April 2009, will  continue for another two...

Equality Bill Published

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The long-awaited  Equality Bill  was published this morning. The Bill is intended to combine all of the existing legislation on discrimination into one single statute. Whilst it will inevitably be subjected to considerable debate in committee, the...

Budget Special: increase in redundancy payments

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Alastair Darling, the Chancellor of the Exchequer, has announced that the maximum of a week's pay for statutory redundancy payment purposes will increase from £350 to £380. Accordingly, the maximum statutory redundancy payment will rise from...

Disability Discrimination: Normal day to day activities

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What does the word 'normal' mean, when considering whether something is a "normal day-to-day activity" for the purposes of the Disability Discrimination Act 1995? According to a decision of the EAT in  Chief Constable of Dumfries...

Time Limits for Instituting Equal Pay Proceedings

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Barrister Emma Price of 1 Temple Gardens has written an excellent summary of last week's important Court of Appeal case concerning equal pay time limits. Read it  here ....

Statutory Grievances and Equal Pay Claims

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[Thanks to Bronwyn McKenna of Unison for providing this case summary] The Court of Appeal has, this morning, resolved the vexed question on whether a grievance for an equal pay claim (under the statutory grievance procedures) needs to actually identify the...

When is a grievance not a grievance?

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[Thanks to  Paul Lewis  from St John's Chambers, Bristol, for preparing this case summary] Well, of course, as of today, the statutory grievance procedures have officially been given the heave-ho. From the dying embers, here's a useful...

Court of Appeal: when is a controlling shareholder an employee?

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The Court of Appeal has handed down its judgment in  Berr v Neufeld & Howe , dealing with the question of whether a controlling shareholder can ever be an 'employee' of a company - with the result that the National Insurance fund has to pay...

6th April 2009 - forthcoming changes

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Here's a short summary of forthcoming employment law changes (coming into force 6th April 2009). Read summary ...

Bye-bye, wing members...

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Bye-bye, wing members... We all speculate about whether the Ministry of Justice is trying to reduce the involvement of wing members in tribunals. Well, we now have proof. Barrister Neil Ashley of East Anglian Chambers has, this morning, photographed ...

TUPE hits solicitors too...

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Scary stuff here for solicitors - it's been splashed all over the Law Society Gazette and The Lawyer... It's the first (known) example of a firm of solicitors winning a big new client, and suddenly finding themselves stuck with some of their...

Right to Legal Representation at Internal Disciplinary

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The High Court has held that in certain circumstances, an employee has the right to be represented by a lawyer - and not just a workplace colleague or union official - at internal disciplinary hearings. In  R (on the application of G) v The Governors...

Court of Appeal reminds tribunals to avoid substitution mindset

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How often have you seen a tribunal remind itself that it must not substitute its own view for that of the employer, only to go on to do just that? In  London Ambulance Service NHS Trust v Small , the Court of Appeal reaffirms that in unfair dismissal...

Sky News Interview - RBS collapse

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Phonecall from Sky News to discuss the US class action brought by North Yorkshire and Merseyside Council pension funds against Sir Fred Goodwin and the Royal Bank of Scotland.    View below: ...

New P45s

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HMRC has introduced new P45 forms, which must be used from 6th April (the old ones will become invalid from that date). They are now A4 size (rather than A5), and contain extra fields for the employee's date of birth and gender. More details from the...

EAT Time Limits - Cross Appeals

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The EAT has handed down judgment in  Slingsby v Griffith Smith Solicitors . This case is authority for the proposition that whilst the strict Abdelghafar principles do not apply to the grant of an extension of time for the delivery of an Answer, ...

Disability Discrimination: EAT follows Malcolm again

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In  Stockton on Tees Borough Council v Aylott , the EAT has handed down a second judgment confirming that employment tribunals should follow the approach to a comparator set out in Malcolm v London Borough of Lewisham, and not that in Clark v Novacold...

Statutory Dismissal Procedure: When is 'action taken'?

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Here's a very interesting case on the dearly beloved statutory dismissal procedures (not much longer...) It is authority for the proposition that employers who announce an intention to dismiss before the step 1 letter and step 2 meeting can recover the...

Statutory Dismissal Procedure: When is 'action taken'?

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Here's a very interesting case on the dearly beloved statutory dismissal procedures (not much longer...) It is authority for the proposition that employers who announce an intention to dismiss before the step 1 letter and step 2 meeting can recover the...

Sharon Shoesmith - should she get the money?

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I've just been  chatting to Nick Ferrari on LBC  about Sharon Shoesmith's tribunal claim - she presented a claim on Friday at Watford employment tribunal. The headlines say she is claiming £175,000-odd, presumably made up of c....

Annual Leave of Offshore Workers

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By a majority, the EAT has held in  Craig & ors v Transocean & ors  that annual leave under the Working Time Regulations 1998 can be accommodated within an established work/rest pattern, and does not have to be taken from time that is...

Heyday Appeal - ECJ Decision

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The UK retirement age of 65 might be legal - but it might not be. The ECJ has, this morning, referred the issue back to the High Court to consider whether a mandatory retirement age of 65 can be objectively justified, whilst stating that in principle it is...

Abolition of Statutory Dismissal and Grievance Procedures

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We all know that the statutory dismissal and grievance procedures are being abolished on 6th April, right? Wrong. The transitional provisions are a bit more complicated than than. I've put together a summary  here . It's a lot more readable...

Equal Pay: Genuine Material Factor

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[Thanks to Catherine Rayner, junior Counsel for Unite, for providing this case summary] In  Coventry City Council -v- Nicholls & ors , the EAT have held that the Council's GMF defences were rightly rejected by the employment tribunal. ...

TUPE: Post-transfer obligations

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Despite the dull title, this is an important case. It is authority for the proposition that a transeree is  bound by pay increases negotiated by the transferor with a union under a collective agreement after the TUPE transfer has taken place. For...

Illegality: Sham contracts

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[Thanks to www.emplaw.co.uk, whose summary I am reproducing with their permission] Mr Szilagyi worked for builders Protectacoat. He claimed unfair dismissal. Protectacoat, pointing to a written "partnership agreement", argued that he was a...

Whispering Judges

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An interesting little case, this. A tribunal gave a liability decision in 2000. However, for a combination of reasons (in part the non-cooperation of the Claimant), the remedies hearing was not able to take place until 2006, six years later. The tribunal...

Limits of the Burns/ Barke Procedure

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The Court of Appeal has underlined the limits of using the Burns/Barke procedure in appeal proceedings. This procedure allows the EAT, before it decides the appeal, to refer specific questions to the employment tribunal requesting it to clarify or...

Harassment under the RRA 1976

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Underhill P., in one of his first judgments as President of the EAT, has handed down a judgment analysing the requirements of 'harassment' (which is now a discrete form of discrimination under the various discrimination Acts). In  Richmond...

Proselytisation -spreading the (good) word

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Where an employer omits to make a reasonable adjustment for a disabled person, when does limitation start to run? Limitation runs from a deliberate decision not to make an adjustment but when should time start to run where the employer failed to make any...

Disability Discrimination - Time Limits

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Where an employer omits to make a reasonable adjustment for a disabled person, when does limitation start to run? Limitation runs from a deliberate decision not to make an adjustment but when should time start to run where the employer failed to make any...

Statutory Dismissal Procedure

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The EAT has held, in  Zimmer v Brezan , that a step 1 dismissal letter must state that the employer is contemplating dismissal. If it does not, then any resulting dismissal will be automatically unfair. HHJ Burke held that even though the words of the...

Disability Discrimination: EAT follows Malcolm

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Last summer, the House of Lords re-wrote the law on disability discrimination, making it much harder for a Claimant to succeed (see  bulletin 27/6/08 ). However, the case was decided in the context of housing law, and there has been doubt whether the...

Employment Judges Sitting Alone

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The (draft)  The Employment Tribunals Act 1996 (Tribunal Composition) Order 2009 , which is due to come into force on 6th April 2009, has been placed on the OPSI website. It extends the types of hearings when an Employment Judge can sit alone, to...

Norton Tool and Constructive Dismissal

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Since 1976, tribunals have applied the controversial rule in Norton Tool v Tewson, which is authority for the proposition that employees are entitled to compensation for unfair dismissal for all of their contractual notice period, even if they found another...

Hot Stuff in the EAT

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The Employment Appeal Tribunal admitted woolly hats as evidence of disability but, after hearing other evidence about underwear and thick overcoats, dismissed a claim that depriving an employee of his personal heater was discriminatory. Mr Sawyer braved the...

Spelling tests in tribunals?

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The EAT has emphasised the importance of getting the spelling of the Respondent's details correct in the ET1. In  Anthony Chowles t/a Granary Pine v West , the EAT held that where a Respondent’s name had been misspelled and his address...

Michael Duggan's Case Index

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Michael Duggan of Littleton Chambers has published the latest edition of his excellent case index. He has made it available to all - download it  here . NOTE: it is a large file and there is likely to be a lot of simultaneous demand to download it....

Care workers - POVA List Unlawful

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The House of Lords has, this morning, handed down a decision impacting on those advising or working in the care sector. The case concerns care workers who look after vulnerable adults or children. Under current legislation, if the employer dismisses the...

Holiday Pay for Long-Term Sick Workers

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The ECJ has, this morning, handed down its opinion in Stringer v HMRC (previously known as Ainsworth v HMRC. The judgment should be available this afternoon  here , but for now, we simply have a  Press Summary . According to the Press Summary...

TUPE Consultation

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The EAT has decided, in  Amicus v Glasgow City Council , that a transferee is not obliged to consult with transferred employees after a transfer, in relation to 'measures' it proposed taking in relation to them. [Thanks to Lesley Murphy...

Employment Law Preview for 2009

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I've just read Wragge & Co.'s employment law preview for 2009. It's so good, I'm sending the link around for everyone to read. They've also produced a review of 2008, which is also worth a read....

Amendments to 2004 Procedural Rules

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The  Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008  have been laid before Parliament. They make the following amendments to the 2004 procedural rules:- consequential amendments resulting from the...

Striking Out Claims

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[Thanks to Martin Fodder of Littleton Chambers, who appeared for the successful Appellant. Martin Fodder appears today at 2pm speaking on Update on Transfers of Undertakings in a live internet webinar.] The EAT has handed down its...