Services
People
News and Events
Other
Blogs

Equal Pay Claims in the Civil Courts

  • Posted

Judgment was given this morning in the High Court case of  Abdulla v Birmingham City Council, in which 174 former employees of the Council assert that the failure to give them pay equal to various predominantly male groups of staff comprised a breach...

Annual Compensation Limit Increases

  • Posted

From 1st February 2011, the new maximum compensatory award for unfair dismissal increases to £68,400 (currently £65,300). The new maximum for a week's pay increases from £380 to £400. Thus the maximum unfair dismissal award (basic...

Costs in ETs

  • Posted

[Thanks to Rad Kohanzad, pupil at Old Square Chambers, for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Yerrakalva v Barnsley MBC , which is authority for the proposition that while there does not have to be a...

Bonuses and Pay in Lieu of Notice

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for preparing this case summary] The Court of Appeal has handed down its decision in  Locke v Candy & Candy , upholding a decision that, where a bonus clause stipulated that an employee...

Reading Witness Statement aloud in Tribunals

  • Posted

The President of the Employment Appeal Tribunal, Underhill P., has given guidance on the practice of reading witness statements aloud in tribunals. The full guidance (which is expressly stated to be guidance, not mandatory), can be read at paragraph...

Strike Outs

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The decision of the EAT in  Balls v Downham Market School  is an interesting case about strike-out. The Claimant's wife was also employed by the...

Minimum Wage and 'On Call' Time

  • Posted

[Thanks to Laura Daniels, pupil at 3 Serjeants' Inn, for preparing this case summary] The EAT gave its decision in  South Manchester Abbeyfield Society v Hopkins & Ors  regarding payment for time spent on call. The Appellants employed...

Causation in Whistleblowing Cases

  • Posted

[Thanks to Rad Kohanzad, pupil at Old Square Chambers, for preparing this case summary] The EAT has handed down its decision in  Fecitt & ors v NHS Manchester , dealing with causation in whistleblowing cases. The Claimants made protected...

Agency Worker not 'Employee'

  • Posted

[Thanks to Emma Price of Temple Garden Chambers for preparing this case summary] The Court of Appeal has handed down its Judgment in the case of  Tilson v Alstom Transport, which is authority for the proposition that a significant degree...

Fixed Share Equity Partner is not an 'employee'

  • Posted

[Thanks to Rad Kohanzad, pupil at Old Square Chambers, for preparing this case summary] In  Tiffin v Lester Aldridge LLP , the Claimant was a fixed share partner within an LLP. When compared to the Equity Partners there was a substantial...

Government abandons Equality Duty

  • Posted

The government is dropping the proposed Equality Duty on public sector bodies, which would have required (amongst other things) public sector employers to publish workforce data concerning the six core protected characterists. This controversial element in...

City Team Moves

  • Posted

[Thanks to Dr John McMullen of Short Richardson & Forth LLP for preparing this case summary] The High Court has handed down its decision in  Lonmar Global Risks Limited v West and Others Hickinbottom J considered a claim for breach of...

Correction: Government abandons Socio-Economic Duty

  • Posted

Correction: A number of very worthy people have pointed out the announcement related to the socio-ecoomic duty on public authorities, not the equality duty. Sorry for the error. The government is dropping the proposed  socio-economic duty on...

Discrimination: Costs As Justification

  • Posted

[Thanks to Ed McFarlane of EEF for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Woodcock v Cumbria Primary Care NHS Trust , which challenges the orthodox view that an employer is not entitled to rely...

Serial litigants at risk of paying costs

  • Posted

The EAT has dismissed four appeals by alleged serial litigant John Berry. Mr Berry was the subject of a fairly damning article in  The Times  earlier this year. He is in his 50s, and apparently scours the internet for job adverts calling for a...

Redundancy, and Discrimination Burden of Proof

  • Posted

[Thanks to Sarah Russell, paralegal at Pattinson & Brewer, for preparing this case summary] The case of  Hammonds LLP v C Mwitta  is authority for the proposition that an otherwise fair dismissal is not rendered unfair by reason of the...

Consultation Issue Referred to ECJ

  • Posted

[Thanks to Anna Thomas of Devereux Chambers for preparing this case summary] The Court of Appeal in  USA v Nolan  has unanimously referred a point of general importance in industrial practice to the Court of Justice of European Union:...

Incorporation of Collective Agreements

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for providing this case summary] The Court of Appeal yesterday handed down its judgment in  Malone and others v British Airways Plc , dismissing the individuals' appeal from the High...

TUPE

  • Posted

[Thanks to Dr John McMullen of Short Richardson & Forth LLP for providing this case summary] The European Court has handed down its decision in  Albron Catering  which is authority for the proposition that the Acquired Rights...

Parties Not Entitled to Insist on Tribunal Region

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Underhill P) has handed down its decision in  Faleye v UKME , which is authority for the proposition that there is no right for a claimant in...

Compromise Agreements under the Equality Act

  • Posted

Everybody's talking about it, so I thought a bulletin might be useful. On a literal interpretation of s147(5)(d) of the  Equality Act 2010 , it seems that it is impossible for a solicitor to sign off on a Compromise Agreement so as to settle...

Redundancy Selection

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (HHJ Ansell) has handed down its decision in  County Print v Page , which is authority for the proposition that: (i) fair consultation in a redundancy exercise...

Reasonableness of Sanction

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The EAT (HHJ Peter Clark) has handed down judgment in  Weston Recovery Services v Fisher , which considered the circumstances where dismissal for conduct not...

Unfair Dismissal Qualifying Period may increase to two years

  • Posted

It leaked at the weekend, and was confirmed this morning by Lord Young on Radio 4's Today programme. The government is actively considering increasing the qualifying period for unfair dismissal from one year to two years. The timetable for a decision has...

TUPE: Failure to Inform and Consult

  • Posted

The EAT has handed down its decision in  Todd v Care Concern , in which the EAT held that an award of 13 weeks' pay should NOT be the starting point for failure to inform and consult where the employer has done something (albeit not everything) to...

Supreme Court: Dismissal by Letter is Effective when employee reads it

  • Posted

The Supreme Court has, this morning, handed down its judgment in  Gisada Syf v Barratt , dismissing the appeal from the Court of Appeal's decision. Barratt dismissed Mrs Syf in a letter, delivered by recorded delivery and signed for by her son, on...

Equality Act 2010 - Codes of Practice

  • Posted

The EHRC's Codes of Practice on the Equality Act 2010 were published and laid before parliament yesterday. They are available on the EHRC website (labelled as 'draft', as technically they haven't been approved by parliament yet). ...

Compulsory Retirement and Age Discrimination

  • Posted

An important ECJ judgment on compulsory retirement has been handed down today. In  Rosenbladt v Oellerking Gebaudereinigungsges mBh , the ECJ held that a compulsory retirement age of 65 in a contract of employment - whilst prima...

ACAS Settlements

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT has handed down its decision in  Allma Construction v Bonner , which is authority for the proposition that, in deciding whether a settlement has...

Discrimination (Correction to 27th September Bulletin)

  • Posted

An error has been pointed out in the bulletin below (issued Monday, 27th September 2010), which stated that the EAT suggested apportionment of damages between the provider and recipient of a reference to reflect their culpability. In fact, the parties had...

Continuity of Employment

  • Posted

[Thanks to Leanne Targett-Parker of Temple Court Chambers for providing this case summary] The EAT has handed down its decision in  Hussain v Acorn Independent College , stating that a teacher's continuity of employment is not broken by...

TUPE - Temporary Cessation of Undertaking

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (HHJ Peter Clark) has handed down its decision in  Wood v London Colney Parish Council , which is authority for the proposition that a temporary cessation of activity...

1st October 2010 changes

  • Posted

A quick note of the changes coming into force this Friday. 1. Equality Act 2010 Most parts of the Equality Act 2010 come into force. This huge legislative tome will doubtless have lawyers arguing over the minutiae for years to come. But other than...

Discrimination

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Underhill P) has handed down its decision in  Bullimore v Pothecary Witham Weld Solicitors , which is authority for the proposition that the provider of a...

New Guide on Stress at Work

  • Posted

The CIPD, in conjunction with Acas and the Health & Safety Executive, have produced a guide for employers on 'Work Related Stress: What the Law Says'. You can  download it here ....

Unfair Dismissal

  • Posted

Is 'loss of £3,000' the same as 'theft of £3,000'? No, says the Employment Appeal Tribunal in Celebi v Compass. An employee was believed to have stolen £3,000. The allegation put to her, though, was 'loss of...

Discrimination Compensation

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for providing this case summary] The EAT (Keith J) has handed down its decision in  Thaine v London School of Economics , in which the approach to apportionment of damages in psychiatric injury cases...

Mitigation of Loss

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The EAT (Keith J) has handed down judgment in  Kelly v University of Southampton , upholding the tribunal's finding that the Claimant, an academic, had...

New Acas/TUC Mediation Guide

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner for telling me about this] Acas and the TUC have, today, launched a new guide for trade union representatives on workplace mediation, and how mediation can avoid costly disputes. The new guide covers: ...

Equal Pay - Statutory Grievance Procedure

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The EAT (Cox J) has handed down its decision in  Birch v Walsall MBC , which is authority for the proposition that a written grievance raised in the context...

Employment Tribunal Annual Statistics

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The ET and EAT Statistics for 2009-10 have been published and can be found...

Disability Discrimination

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (HHJ Serota) has handed down its decision in  JP Morgan v Chweidan , which is authority for the proposition that where a claim for disability-related discrimination...

Disability Discrimination

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (HHJ Serota) has handed down its decision in  JP Morgan v Chweidan , which is authority for the proposition that where a claim for disability-related discrimination...

Employer's Ability to Pay

  • Posted

"But it's going to ruin us", says the client. "We can't afford to pay - we'll go bust." It's never easy to hear a(n employer) client say that, and always slightly unreal saying that tribunals don't take an...

Age Discrimination and a Week's Pay

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Wilkie J) has handed down its decision in  CIBC v Beck , which is authority for the proposition that a briefing document referring to a...

Staying Tribunal Proceedings

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The EAT (HHJ Ansell) has given judgment in  Gloucestershire Constabulary v Peters , finding that the tribunal erred in respect of a case management decision...

Disability Discrimination

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Aylott v Stockton on Tees Borough Council , which provides useful guidance in relation to disability...

ECJ Ruling on Employee Benefits

  • Posted

[Thanks to www.emplaw.co.uk for allowing me to reproduce their summary of this case] The European Court of Justice has ruled that (most) benefits provided to employees under salary sacrifice schemes are VATable. Salary sacrifice schemes are...

Employment Status

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Silber J presiding) has handed down Judgment in the case of  Community Dental Centres Ltd v Sultan-Darmon  which is authority for the proposition that an...

Remedies in Discrimination Claims

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for providing this case summary] The EAT (Wilkie J) has handed down its decision in  St Andrew's Catholic School v Blundell . The case concerned the victimisation of a teacher over a 4...

Territorial Jurisdiction

  • Posted

[Thanks to Leanne Targett-Parker of Temple Court Chambers for providing this case summary] The EAT (Underhill P) has handed down its decision in  MOD v Wallis , which is authority for the propositions that: a) when working in Europe for an...

Amendment of Claims

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The Court of Appeal has handed down its decision in  New Star v Evershed , which is authority for the proposition that adding a public interest...

Part-Time Judges' Pensions - ECJ Reference

  • Posted

[Thanks to  Claire Darwin  of Matrix Chambers for providing this case summary] The Supreme Court has unanimously referred the appeal of Mr O'Brien QC, a former fee-paid part-time Judge who is seeking retrospective admission to the Judicial...

Taxation of Awards

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The EAT (HHJ Peter Clark) has handed down its decision in  Yorkshire Housing v Cuerden , which is authority for the proposition that awards of personal...

TUPE

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Slade J) has handed down its decision in  Nationwide Building Society v Benn , which is authority for the proposition that, where there has been...

Mandatory Retirement Ages

  • Posted

[Thanks to Tom Mountford, pupil barrister at  Blackstone Chambers , for providing this case summary] The Court of Appeal has handed down its decision in  Seldon v Clarkson, Wright & Jakes , a case concerning the ability of a partnership to...

Pension Losses

  • Posted

The EAT has given Judgment in the case of  Sibbit v The Governors of St Cuthbert's Catholic Primary School  (HHJ McMullen presiding) which is a case dealing with the appropriate assessment of pension loss. The case illustrates the correct...

Effective Date of Termination

  • Posted

[Thanks to Rosa Dickinson of St Philips Chambers for providing this case summary] The EAT (Silber J) has handed down judgment in  Wedgewood v Minstergate Hull Ltd ., which is authority for the proposition that the effective date of...

Costs

  • Posted

It's another judgment from the EAT suggesting, even more bluntly than the previous two, that a Claimant who lies in the tribunal should be ordered to pay the Respondent's costs. See  paragraph 21  of the judgment for the comment from...

Collective Agreements

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Silber J) has handed down its decision in  Worrall v Wilmott Dixon Partnership , which is authority for the proposition that: to incorporate a term of a Collective...

Stigma Damages

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The EAT (Cox J) has handed down its decision in  Brown v Careham Hall , which is authority for the proposition that stigma damages will only be awarded where the...

Caps on Redundancy Payments not Age Discrimination

  • Posted

[Thanks to Richard Hayes of Devon Law Centre for providing this case summary] Kraft Foods had an "exceptionally generous" contractual redundancy scheme. Because of the high levels of payment under the scheme, it capped redundancy payments at the...

Equality Act Implementation

  • Posted

[Thanks to Matthew White of St John's Chambers for providing this case summary] According to a  press release  on the GEO website, the first wave of implementation of the Equality Act will go ahead to the planned October timetable...

Employment Tribunal Statistics 2009/10

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The  Tribunal Annual Statistics for 2009/10  have just been published. The key findings are as follows: There was a 56% increase from 2008/09 in...

Termination Payments

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Gibb v Maidstone & Tunbridge Wells NHS Trust  , which is authority for the proposition that when a...

Unfair Dismissal Time Limits

  • Posted

[Thanks to Richard Hayes of Devon Law Centre for providing this case summary] The EAT (Underhill P) has handed down its decision in  Northamptonshire County Council v Entwhistle  , which is authority for the proposition that it remains...

Disability Discrimination

  • Posted

[Thanks to Anna Thomas of Devereux Chambers for providing this case summary] The case of  Aitken v Commissioner of Police of the Metropolis  is authority for the proposition that treatment on the basis of a mistaken perception that an...

Employment Consultants and Litigation Privilege

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (HHJ McMullen) has handed down its decision in  Scotthorne v Four Seasons , which is authority for the proposition that advice given by...

Statutory Grievance Procedure

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The EAT (Cox J) has handed down its decision in  Reddy v Bedfordshire NHS Trust  , which is authority for the proposition that the requirement in regulation...

Equality Act 2010 - implementation

  • Posted

Q. How do you make the switchboard at the Government Equalities Office go mad? A. Send out a bulletin pointing out that the implementation date for the  Equality Act 2010  has been removed from the GEO website. Apparently the GEO has been...

Equality Act 2010 - implementation

  • Posted

Damian McCarthy  of Cloisters has pointed out that the Government Equality Office has removed the implementation dates for the Equality Act 2010 from its  website . It may be that parts of the Act are no longer being implemented in October as...

Definition of Disability

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The EAT (Underhill P presiding) has handed down judgment in  J v DLA Piper UK LLP , where the EAT had to consider closely the definition of...

Conditional Resignation

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The EAT (HHJ Pugsley) has handed down its decision in Heaven v Whitbread Group, which is authority for the proposition that, as the effective date of termination is a...

Statutory Disciplinary and Dismissal Procedures

  • Posted

[Thanks to Claire Darwin of Matrix Chambers for providing this case summary] In Ngo Mbog v Whitbread Group Plc, the EAT (HHJ Hand QC) was asked to decide the meaning of the words "substance of the Tribunal complaint" in Regulation 15(2) of the...

Fresh Evidence

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Underhill P) has handed down its decision in Adegbuji v Meteor Parking, which is authority for the proposition that the EAT might not have jurisdiction to hear fresh evidence appeals...

Contingency Fee Agreements

  • Posted

[Thanks to Alex Jones of Bunkers Solicitors for telling me about this] The Law Society has, yesterday, published guidance on the Damages Based Agreement Regulations 2010 which regulate the manner in which solicitors can enter into contingency fee...

Breach of Contract Damages

  • Posted

[Thanks to Marcus Pilgerstorfer of Old Square Chambers, who was junior Counsel for the employer, for providing this case summary] The Court of Appeal (Ward, Lloyd, Moore-Bick LJJ) has today handed down its decision in Edwards v Chesterfield Royal Hospital...

'Without Prejudice' Communications

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The EAT (HHJ Richardson) has handed down its decision in Woodward v Santander, which is authority for the proposition that the exception to the 'without prejudice'...

Statutory Dispute Resolution Uplifts

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Underhill P) has handed down its decision in Lawless v Print Plus, which is authority for the proposition that, in choosing the size of the uplift for a...

Equal Pay

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The EAT (Lady Smith) has handed down its decision in City of Edinburgh v Wilkinson & ors, which is authority for the proposition that white collar Claimants (APT &...

Compromise Agreements

  • Posted

[Thanks to John Bowers QC of Littleton Chambers and Stephen Miller of MacRoberts for telling me this decision had been handed down] It's an employment tribunal rather than appellate case, but sufficiently important to warrant reporting. McWilliam...

Conduct Dismissals

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The Court of Appeal has handed down its decision in Salford NHS Trust v Roldan, which is authority for three propositions:- the more serious the consequences of...

Employment status

  • Posted

[Thanks to Chris Milsom of St Philips Chambers for providing this case summary] In Leeds City Council v Woodhouse and anr, the Court of Appeal (Smith LJ giving leading judgment) has shed light on the meaning of a "contract worker" as defined in...

Closed Proceedings

  • Posted

[Thanks to Emma Price of Temple Garden Chambers for providing this case summary] The Court of Appeal has handed down its Judgment in The Home Office v Tariq , which is authority for the proposition that: 1) an ET has the power to order a closed material...

Magnifying Glasses and ET1s

  • Posted

[Thanks to Paul Lewis of St John's Chambers for providing this case summary] The EAT (HHJ Serota) has handed down its decision in May v Greenwich Council, which is authority for the proposition that where part of a claim form is illegible, rather than...

Religious Discrimination

  • Posted

[Thanks to Anna Thomas of Devereux Chambers for providing this case summary]  The Court of Appeal has handed down a reserved judgment on a permission application in McFarlane v Relate brought by the Christian counsellor dismissed for failing to give...

Reasonable Adjustments

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Cox J) has handed down its decision in Chief Constable of South Yorkshire Police v Jelic , which is authority for the proposition that swapping the role of a...

Secret Policeman has a Ball at the EAT

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT has handed down judgment in the case of Commissioner of the Metropolitan Police v Rixon which is authority for the proposition that an initial decision to reject a claim can be...

Age Discrimination

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The Court of Appeal has handed down its decision in Homer v Chief Constable of West Yorkshire Police, which is authority for the proposition that requiring an employee to...

Equal Pay

  • Posted

There has been another important development in the equal pay litigation, to which Andrew Short QC (instructed by Thompsons on behalf of the UNISON, GMB and Unite claimants) has asked me to draw people's attention. An employment tribunal in Birmingham...

Industrial Action Ballots

  • Posted

[Thanks to Edward Kemp of 12 King's Bench Walk for providing this case summary] The Court of Appeal has handed down its decision in Milford Haven Port Authority v UNITE, which is authority for the proposition that notice of separate, continuous and...

Comment on Sharon Shoesmith judgment

  • Posted

The High Court handed down its decision at midday today (23rd April 2010) in Sharon Shoesmith's claim for judicial review of the decision to dismiss her. You can see thefull 200-page judgement or read the judge's 18-page summary. In...

Equal Pay - NorthEast Litigation

  • Posted

There has been an important development in the equal pay litigation to which  Thomas Linden QC  (who was Counsel for the Claimants) has asked me to draw attention. The appeal in  Potter v North Cumbria Acute Hospitals NHS Trust (No 2) [2009]...

TUPE: Service Provision Changeover

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (HHJ McMullen) has handed down its decision in  Ward Hadaway Solicitors v Capsticks Solicitors , which is authority for the proposition that, for...

Equal Pay

  • Posted

[Thanks to Paul Doran of Stefan Cross Solicitors for providing this case summary] Readers will remember last year's decision in South Tyneside v McAvoy, in which the EAT held that male employees can 'piggyback' on female colleagues'...

Whistleblowing

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The EAT (Wilkie J) has handed down its judgment in  Goode v Marks & Spencer , which is authority for the proposition that the expression of an opinion...

Costs in Employment Tribunals

  • Posted

If you're interested in costs applications in employment tribunals, I've just co-written a new book on the subject. It's packed with practical tips on how to obtain or resist costs applications, conveniently arranged in sections covering lying...

Equality Act passed by Commons

  • Posted

What's got 210 clauses, 28 schedules and has been at the bottom of everybody's 'must read' pile since first introduced in 2005? Well, it's time to get the magnifying glass out and start reading. The  Equality Act 2010  passed...

Restraining Disciplinaries by Injunction

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Mezey v South West London Mental Health NHS Trust , which is authority for the proposition that ... to invoke a...

Gender Victimisation: Burden of Proof

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Underhill P) has handed down its decision in  Pothecary Witham Weld v Bullimore , which is authority for the proposition that the reverse burden...

Injury to Feelings

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The EAT (Underhill P) has handed down its decision in  Taylor v XLN Telecom , which is authority for the proposition that, in a discrimination claim, a...

Discrimination Time Limits

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The Court of Appeal has handed down its decision in  Aziz v FDA , which is authority for the proposition that, in considering whether separate incidents...

Paternity Leave

  • Posted

[Thanks to www.emplaw.co.uk for allowing me to summarise their article. For the full text of the original article, please click here ] The House of Lords has approved various draft regulations pertaining to the new right to paternity...

Turbulent Priests

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The Court of Appeal has handed down its decision in  Maga v Roman Catholic Church  , which is authority for the proposition that an employer may be liable for acts of an...

Stress at Work

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The Court of Appeal has handed down judgment in  Connor v Surrey County Council , an unusual 'stress at work' claim where the Court considered the...

Summary Dismissal: Failure to Obey Instructions

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Dunn v AAH Ltd , which is authority for the proposition that where an employee has so undermined the...

Grievances and Equal Pay

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for providing this case summary] The EAT (Underhill P) has handed down its decision in  Brett v Hampshire County Council , which is authority for the proposition that in equal pay, each claim by...

Ministers of Religion / Meek

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT has handed down Judgment in the case of MacDonald v Free Presbyterian Church of Scotland which is authority for the proposition that in determining employment status for...

Time Limits for Appealing

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (HHJ Serota) has handed down its decision in  Tasneem v Dudley Hospitals , which is authority for the proposition that the presumption that an Employment Tribunal...

Collective Consultation

  • Posted

[Thanks to Michael Duggan of Littleton Chambers for providing this case summary] The EAT (HHJ Richardson) has handed down its decision in  Shanahan Engineering v UNITE , which is authority for the proposition that even where there are...

Aiding and abetting discrimination

  • Posted

[Thanks to James Bickford Smith of Littleton Chambers for providing this case summary] In  May & Baker Ltd t/a Sanofi Aventis Pharma v Okerago  the EAT (HHJ Birtles) has considered the meaning and application of sections 32 and...

Constructive Dismissal

  • Posted

[Thanks to Emma Price of 1 Temple Gardens for providing this case summary] The Court of Appeal has handed down its decision in  Buckland v Bournemouth University , which is authority for the proposition that: i) the correct test when an...

Variation Clauses

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Silber J) has handed down its decision in  Bateman v Asda Stores , which is authority for the proposition that a broad contractual right to alter terms and conditions...

Constructive Dismissal

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for providing this case summary] The EAT (Lady Smith) has handed down its decision in  Aberdeen City Council v McNeill , which is authority for the proposition that if an employee is in...

Dress Codes and Religious Discrimination

  • Posted

[Thanks to Louise Jones of 1 Temple Gardens for providing this case summary] The Court of Appeal has ruled in  Eweida v British Airways  that by adopting a staff dress code which forbade the wearing of a visible neck adornment and so...

Equal Pay

  • Posted

[Thanks to Lionel Stride of 1 Temple Gardens for providing this case summary] The Court of Appeal has handed down its decision in  Gibson v Sheffield City Council , which is the latest case relating to whether or not UK law is consistent...

Equal Pay - Potter v North Cumbria NHS Trust

  • Posted

I have received the following announcement from Naomi Ellenbogen and Andrew Clarke QC of Littleton Chambers, which will be of interest to those involved with equal pay litigation and which I reproduce below.   The Judgment of the EAT (Nelson J)...

DDA and ET1s

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for providing this case summary] The EAT (Slade J) has handed down its decision in  Baker v Metropolitan Police , concerning issues of procedure and approach in a discrimination /...

Agency Workers

  • Posted

[Thanks to Louise Jones of 1 Temple Gardens for providing this case summary] The Court of Appeal has handed down its decision in  Muschett v HM Prison Service , where the Court considered whether the relationship of the Appellant, an agency...

Contingency Fees in Employment Tribunals

  • Posted

Some important - and very good - news for Claimants' solicitors... The  Damages Based Agreements Regulations 2010  have now been finalised and come into force on 6th April 2010. Contingency fee agreements are where the representative charges...

Age Discrimination - ECJ Decision

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for providing this case summary] The ECJ has handed down its decision in Kücükdeveci v Swedex GmbH & Co, following a reference for a preliminary ruling in respect of a German...

Illegality

  • Posted

[Thanks to Ed McFarlane of EEF for providing this case summary] The EAT (Slade J) has handed down its decision in  San Ling Chinese Medical Centre v Lian Wei Ji  , which is authority for the proposition that a contract of employment is...

Territorial Jurisdiction

  • Posted

The EAT (HHJ Peter Clark) has handed down its decision in  BA v Mak , which is authority for the proposition that  'partly'  for the purposes of section 8(1) of the  Race Relations Act  and Regulation 10(1) of the  Age...

Paid Holiday: Loss of Entitlement

  • Posted

The EAT (HHJ Ansell) has handed down its decision in  Lyons v Mitie Security , which is authority for the proposition that the right to statutory leave in Regulation 13 of the Working Time Regulations is not inalienable; statutory or contractual notice...

Right to Legal Representation at Disciplinary Hearings

  • Posted

The Court of Appeal has handed down its decision in  G v X School , which is authority for the proposition that Article 6 ECHR requires that a claimant should be afforded an opportunity to be legally represented at a disciplinary/appeal hearing where it...

Whistleblowing Cases: Important Change

  • Posted

[This bulletin reproduces, with permission of the editors, the text of an update from www.emplaw.co.uk] The Department for Business, Innovation and Skills has clarified its proposals to give employment tribunals the power to pass on whistleblowing ...

Acas Pre-Claim Conciliation Service

  • Posted

I have been asked by Acas to send out the following information to practitioners...  The Dispute Resolution Review published in 2007 highlighted the need for services to help employers and employees resolve disputes quickly and effectively without the...

DDA - Meaning of 'Long-term'

  • Posted

The EAT has handed down its decision in  Patel v Oldham MBC , which is authority for the proposition that in determining whether the effects of an impairment are long-term for the purposes of the DDA 1995 Schedule 1 paragraph 2, the effect of an illness...

Age Discrimination: ECJ Decisions

  • Posted

The ECJ has handed down judgment in two cases concerning the justification of difference of treatment on grounds of age:  Wolf v Stadt Frankfurt am Main , on the interpretation of Article 4 (Occupational Requirements) of the Equal Treatment Framework...

Risk Assessments for Pregnant Workers

  • Posted

In  O'Neill v Buckinghamshire County Council , the EAT holds that, for an employer to fall under a duty to conduct a risk assessment for a pregnant worker, these preconditions must be met: (a) the employee notifies the employer in writing that she...

EAT Rules Simultaneous Employment is Permissible

  • Posted

The EAT (Silber J) has handed down its decision in  Prison Officers Association v Gough , reaffirming that an individual can at the same time have two jobs with two different employers, provided the jobs are compatible with each other. Silber J upheld...

Dress Codes

  • Posted

The EAT (HHJ Peter Clark) has handed down its decision in  Dansie v Metropolitan Police , which is authority for the proposition that requiring a male employee to cut his shoulder-length hair did not amount to discrimination or harassment under the SDA...