Services
People
News and Events
Other
Blogs

Fiduciary Duties & Confidentiality

  • Posted

[Thanks to Simon Hale of Hardwicke for preparing this case summary] The decision of the High Court in  Customer Systems Plc v Ranson, Atherton, Edmond and Offland  [2011] EWHC 3304 is authority for the proposition that an employee who...

Ministers of Religion As Employees

  • Posted

[Thanks to Rad Kohanzad of Atlantic Chambers, for preparing this case summary, and to  Laurie Anstis  of Boyes Turner for standing in during Daniel Barnett's absence] Is an ordained Minister appointed as Minister to a group of...

TUPE - Service Provision Change and Supply of Goods

  • Posted

[Thanks to Sarah Russell, solicitor at Ventura, for preparing this case summary, and to  Laurie Anstis  of Boyes Turner for standing in during Daniel Barnett's absence] Were workers on a manufacturing assembly line providing...

TUPE and Company Administrations

  • Posted

[Thanks to  Saul Margo  of Outer Temple Chambers for preparing this case summary] This morning the Court of Appeal handed down Judgment in the case of  Key2law (Surrey) LLP v Gaynor De'Antiquis . The issue before the Court was whether...

TUPE and Unfair Dismissal

  • Posted

[Thanks to  Nicholas Hill  of Outer Temple Chambers for preparing this case summary] The Court of Appeal has given Judgment in the case of  Spaceright Europe Limited v Baillavoine , a case in which the Court of Appeal considered for the...

TUPE - Service Provision Change

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during his absence, and to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] For there to be a service provision change under...

Contractual Damages for Manner of Dismissal

  • Posted

CORRECTION:  The earlier bulletin omitted the name of the case concerned, which is now included in the amended version below.  [Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett during his absence, for...

Consultation on Employment Tribunal Fees

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett during his absence, for preparing this summary] The Ministry of Justice has today issued a  consultation document  on charging fees in employment...

Contractual Damages for Manner of Dismissal

  • Posted

[Thanks to Laurie Anstis of Boyes Turner, who is standing in for Daniel Barnett during his absence, for preparing this case summary] Can an employee who is dismissed in breach of a contractual disciplinary procedure claim damages for breach of...

Live in Housekeepers and Minimum Wage

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] What is the test for determining whether a domestic worker treated as a family member is ineligible for the National Minimum Wage under Regulation 2 (2) of the NMW...

Supreme Court: working Time and Annual Leave

  • Posted

[Thanks to  Catriona Stirling  of Cloisters for preparing this case summary] If an oil and gas industry worker has a shift pattern of two weeks working offshore followed by two weeks onshore, can periods spent onshore count towards that...

Injury to Feelings + Aggravated Damages

  • Posted

[Thanks to Rad Kohanzad of Atlantic Chambers for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Metropolitan Police v Shaw  where it held: compensation in whistleblowing cases should be assessed...

Marital Discrimination

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] Does an employer act unlawfully if he treats an employee less favourably, not because she is married, but because she is married to a particular man? Yes...

Equal Pay: Material Factor Defence

  • Posted

[Thanks to Jonathan Moffatt of Outer Temple Chambers for preparing this case summary] If the explanation for a pay differential between employees had nothing to do with sex at the time of their recruitment, can that explain the continuing...

Equal Pay Claims in the Civil Courts

  • Posted

[Thanks to  Saul Margo  of Outer Temple Chambers for preparing this case summary] The Court of Appeal has this morning given judgment in Birmingham City Council v Abdulla, in which 174 former employees of the Council represented by Leigh Day...

Calculating Pension Losses

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] May an employment tribunal adopt a flexible approach to calculating pension loss, for example by using different multipliers to those annexed to employment tribunal pension...

Government announces employment law reforms

  • Posted

After many months of rumour, Business Secretary Vince Cable has announced the government's proposals for what is claimed to be the biggest shakeup of employment law for decades. The government has also, this morning, published its  Response to the...

Why employment law reforms won't work... And why they will!

  • Posted

WHY THEY WON’T WORK…  1. If a manager is unable to evaluate the suitability or performance of his staff within one year, there is little reason to suppose he will be better able to do it within two years. The extra year simply encourages...

Best Employment Law Reforms Joke competition

  • Posted

Last week, the Secretary of State for Work and Pensions announced substantial reforms to UK employment law. Here are some comments from some of the leading UK commentators on employment law. The funniest comment will receive a complimentary copy of the 5th...

Carrying Over Holiday Pay When Sick

  • Posted

[Thanks to  Claire Darwin  of Matrix Chambers for preparing this case summary] The hard-working judges in the CJEU have yesterday, in  KHS AG v Schulte , handed down a judgment which casts doubt on whether a holiday taken pursuant to the...

Compensatory Award - Statutory Cap

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] At what stage should an employment tribunal 'gross-up' a Compensatory Award for Unfair Dismissal to allow for taxation when the statutory cap applies? ...

Costs - Misguided Allegations of Discrimination

  • Posted

[Thanks to  Kathleen Donnelly  of Henderson Chambers for preparing this case summary] Should a tribunal award costs where "scandalous and vexatious" claims are withdrawn or struck out at a PHR on jurisdictional grounds? Not...

AG Opinion on Part-time Judges

  • Posted

[Thanks to  Nathaniel Caiden  of Cloisters Chambers for preparing this case summary] Advocate General Kokott has handed down her decision today in O'Brien v Ministry of Justice. She considers that although it is for national law to...

Government to Consult on 'Protected Conversations'

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner for spotting this] In a speech last week, Prime Minister David Cameron stated that the government will shortly consult on 'protected conversations', enabling an employer and employee to sit down...

Presenting the ET1 - Fax Error at Tribunal

  • Posted

[Thanks to Jonathan Moffatt of Outer Temple Chambers for preparing this case summary] Is an ET1 presented to a tribunal office in writing within the meaning of Rule 1 of the eEmployment tribunal Rules of Procedure where it is faxed to and...

Part-Time Pension Claims

  • Posted

[Thanks to Ed McFarlane of Deminos HR for preparing this case summary] Should a part-timer excluded from a pension scheme by indirect discrimination get damages if, when permitted, she does not choose to join it? No, says the Court of Appeal,...

Holiday and Sick absence

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] It is clear from CJEU cases that workers continue to accrue annual leave entitlement during sickness absence, and that workers can choose to take annual...

Legal Expense Insurance

  • Posted

Can an individual, covered by a Before the Event Insurance policy, reject a panel solicitor and insist on his own choice of solicitor and payment of that solicitors' hourly rate? Yes and no, says Burton J in  Brown-Quinn v Equity Syndicate...

Incorporation of Disciplinary Policy

  • Posted

[Thanks to Nadia Montraghi of Old Square Chambers for preparing this case summary] What factors should the Court consider when deciding whether a particular provision has contractual effect? In  Hussain v Surrey and Sussex Healthcare NHS...

Delay in Disciplinary Procedures

  • Posted

[Thanks to Nadia Montraghi of Old Square Chambers for preparing this case summary] Is there an implied term in contracts of employment that disciplinary processes be conducted fairly and without undue delay? In  Dr Lim v Royal Wolverhampton...

Illegality and Immigration Restrictions

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] Does an employer's reasonable belief...

Costs and a "Campaign Beyond the Proceedings"

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to Sarah Russell, solicitor at  Ventura  , for preparing this case summary] Will pre-trial publicity affect the likelihood of...

Lists of Issues

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to Ed McFarlane of  Deminos HR  for preparing this case summary] How should a list of issues for an employment tribunal...

Causation in Whistleblowing Cases

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to  Keira Gore  of Outer Temple Chambers for preparing this case summary] What is the test for causation in whistleblowing...

Overlap of Conduct and Capability Reasons

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] If a dismissal letter gives misconduct as...

Apparent Bias in Professional Disciplinary Panels

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] Is a member of the ILEX Council disqualified from participating in disciplinary hearings against or appeals by ILEX members in the interest of avoiding someone judging...

Re-engagement and Alternative Vacancies

  • Posted

[Thanks to  Jahad Rahman  of Kervin & Barnes Solicitors for preparing this case summary] Does a finding that a dismissal was genuinely on grounds of redundancy remove the need to explain the remedies of reinstatement or re-engagement? No,...

Mitigation of Loss

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] Does the duty of mitigation, which applies for the purposes of claiming compensation before the employment tribunal, oblige a wronged employee to consider...

NHS Terms and Conditions of Service

  • Posted

[Thanks to  Laurie Anstis  of Boyes Turner who is standing in for Daniel Barnett during holiday absence, and to Ed McFarlane of  Deminos HR  for preparing this case summary] What happens to the pay of a part-time NHS doctor taking up a...

Dismissal Cannot Be Retracted - Normally

  • Posted

[Thanks to David Campion of  EAD Solicitors  for preparing this case summary] Where an employer provides an intended, unambiguous written notice of termination to an employee, can that employer subsequently unilaterally resile from the...

TUPE and Variation of Contract

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] When is an agreed variation of the employment contract following a TUPE transfer effective? When the transfer is not the sole or principal reason for the...

Overlapping ET and High Court Claims

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] Should employment tribunal proceedings be stayed when there are threatened High Court proceedings arising from the same facts, but which have not yet been...

Permission to amend Notices of Appeal

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] Should an Appellant to the EAT be permitted to amend a Notice of Appeal in a Rule 3 (10) hearing? 'Yes, generally' states the EAT (Underhill P) in  Readman v...

Disability Discrimination: Reasonable Adjustments

  • Posted

[Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary] Is it direct discrimination for an employer to refuse to spend on reasonable adjustments a sum similar to what it would spend on financial assistance for an...

Permanent Anonymity Orders

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for preparing this case summary] In  F v G  the EAT has provided useful guidance as to the circumstances in which orders for restrictions on reporting and/or anonymity can be made both...

Red Tape Challenge

  • Posted

The government has opened a three week consultation period for employment legislation under its 'Red Tape Challenge' scheme, aimed at inviting the public to comment on how laws can be simplified.  The Red Tape Challenge, available  here ,...

Osborne announces Employment Law Reforms

  • Posted

Chancellor George Osborne has announced two important changes, intended to reduce the number of employment tribunal claims and boost the economy.  First, the qualifying period for unfair dismissal will be increased from one year to two...

New President of the Employment Appeal Tribunal Announced

  • Posted

The Lord Chief Justice has announced the appointment of Mr Justice Langstaff as the President of the Employment Appeal Tribunal with effect from 1 January 2012. The appointment is for a period of three years. He succeeds Mr Justice Underhill, whose term of...

Government Proposals for Employment Law Reform

  • Posted

UPDATE: Government Proposals for Employment Law Reform This is important. Further to my email bulletin this morning (see below) announcing the government's intention to increase the unfair dismissal qualifying period from one to two years, I have...

UPDATE: Government Proposals for Employment Law Reform

  • Posted

This is important. Further to my email bulletin this morning (see below) announcing the government's intention to increase the unfair dismissal qualifying period from one to two years, I have been sent the following statement by the Department for...

Michael Rubenstein's Annual ILS Lecture

  • Posted

Michael Rubenstein, editor of the IRLRs, is presenting his annual talk for the Industrial Law Society on forthcoming cases. This lecture, which is one of the highlights of the employment lawyer's calendar, contains a comprehensive list of all employment...

Job References

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] Can a reference be lawful (i.e. not negligent in its preparation) even though it is, to the layman, unfair? Yes, says the Court of Appeal in  Jackson...

Varying Terms and Conditions of Employment

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary] The EAT (Wilkie J) has handed down its decision in  Slade v TNT (UK) , which is authority for the proposition that an employer did not necessarily act...

Assessing Costs in ETs

  • Posted

[Thanks to Nadia Motraghi of Old Square Chambers for preparing this case summary] Does a tribunal have to take into account a Claimant's capital when considering his means in the context of making an expenses award (costs in England &...

ECJ - Pilot's Holiday Pay not limited to Basic salary

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] When a pilot is on holiday, should holiday pay be calculated from basic salary, or should the calculation include allowances on top of basic salary? After a reference by...

Reasonable Adjustments

  • Posted

[Thanks to Sarah Russell, solicitor at  Ventura , for preparing this case summary] Does there need to be a good or real prospect of an adjustment alleviating the disadvantage suffered by a disabled employee for that adjustment to be a reasonable one?...

ECJ - Compulsory Retirement Age for Pilots

  • Posted

[Thanks to Emma Price of Temple Garden Chambers for preparing this case summary] Is a compulsory retirement age for pilots contrary to the EU prohibition on age discrimination? 'No', says the European Court in  Prigge v Lufthansa ,...

Unfair Dismissal

  • Posted

[Thanks to  Neil Addison  of Palmyra Chambers for preparing this case summary] Is an employer considering an appeal against dismissal entitled to find that the dismissal was fair on entirely different grounds from the original decision to...

Rest Breaks

  • Posted

[Thanks to  Kathleen Donnelly  of Henderson Chambers for preparing this case summary] Does requiring a security guard to remain on call during his rest breaks contravene the requirements of the Working Time Regulations? Not necessarily,...

Acas Guidance on Social Networking

  • Posted

No, it's not an instruction manual on how to use Twitter. Rather, Acas has produced some  Guidance Notes on Social Networking , offering tips on how to manage the impact of social networking on managing performance, recruitment, disciplinary and...

Annual Employment Tribunal Statistics

  • Posted

[Thanks to  Jahad Rahman  of Kervin & Barnes Solicitors for preparing this case summary]  The ET and EAT statistics for 2010-2011 have been published and can be found here.  They show an 8% fall in claims received when...

Wasted Costs

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary]  The EAT (Underhill P) has handed down its decision in  Godfrey Morgan Solicitors Ltd v Cobalt Systems Ltd  which is authority for the propositions that in a...

EAT Time Limits

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary]  The EAT (HHJ McMullen) has handed down its decision in  Hine Marketing Partnership v Archant Dialogue , a case about a Notice of Appeal which was...

Minimum Wage: Sleeping on the Job

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary]  The EAT (Underhill P) has handed down its decision in  Wray v JW Lees & Co , which is authority for the proposition that whether time spent...

Continuity of Employment in the NHS

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary]  The EAT (HHJ McMullen QC presiding) has handed down Judgment in the case of  Winchester and Eastleigh Healthcare NHS Trust v Walkerwhich is authority for the...

Summary Dismissal Trumps Notice Period

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary]  The EAT (Keith J) has handed down Judgment in the case of  M-Choice UK Ltd v Alders , which is authority for the proposition that where an employee is dismissed...

Agency Worker Regulations - minor amendment

  • Posted

A new statutory instrument, the  Agency Workers (Amendment) Regulations 2011  have been made by the government, correcting some drafting errors in the original  Agency Workers Regulations 2010 .  The Regulations provide that...

Businesses can recover uninsured losses from the police

  • Posted

An ancient law allows uninsured businesses to recover compensation for damage caused by riots directly from the police.  The  Riot (Damages) Act 1886  applies to any “house, shop or building” which has been damaged, or had its...

Doctors' Disciplinaries: Right to a Fair Trial

  • Posted

[Thanks to Simon Oakes of Outer Temple Chambers for preparing this case summary] Is the process of dismissing a doctor a determination of his civil rights, so as to entitle him to an independent and impartial tribunal under Article 6? Maybe, but not here,...

Criminal Prosecution cannot be Racial Discrimination by Employer

  • Posted

[Thanks to Neil Addison of Palmyra Chambers for preparing this case summary] Where an employer is a public prosecutor is a decision to prosecute an employee something that can be challenged in the Employment Tribunal ? Not according to Mr Justice Keith...

Equal Pay

  • Posted

[Thanks to David Campion of  EAD Solicitors  for preparing this case summary.]  The Court of Appeal has handed down its decision in  St Helens and Knowsley NHS Trust v Brownbill , which restates the proposition that for the purposes of...

Court of Appeal speaks out on Employment Tribunal system

  • Posted

[Thanks to  Laurie Anstis of Boyes Turner  for being the first to spot this] In a fascinating judgment handed down today, the Court of Appeal has delivered a robust, compelling and bold defence of the employment tribunal and judicial system. Lord...

Fiduciary Duties

  • Posted

[Thanks to Kathleen Donnelly of Henderson Chambers for preparing this case summary] The Court of Appeal has handed down its decision in  Philip Towers v Premier Waste Management Limited  concerning the fiduciary duties of a company...

Appointing Arbitrators: Is Discrimination Allowed?

  • Posted

[Thanks to Simon Oakes of Outer Temple Chambers for providing this case summary] Is it possible to discriminate on religious grounds in the appointment of arbitrators? Yes, was the unanimous conclusion of the Supreme Court in Jivraj v...

Supreme Court: Employment Status

  • Posted

If it looks like an employee and quacks like an employee, it's probably not a self-employed subcontractor. So say the Supreme Court in the long awaited decision of Autoclenz Ltd v Belcher. The case is concerned with whether an individual, who is...

Paid Holiday for Sick Workers

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for preparing this case summary] The EAT (Bean J) has handed down its decision in NHS Leeds v Larner , which is authority for the proposition that the entitlement to paid annual leave of a...

Is it unlawful for an employer to deduct a bonus he doesn't owe to an employee?

  • Posted

Is it unlawful for an employer to deduct a bonus he doesn't owe to an employee? [Thanks to Simon Oakes of Outer Temple Chambers for providing this case summary] Is it unlawful for an employer to deduct a bonus he doesn't owe to an...

TUPE - Service Provision Changeovers

  • Posted

[Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary]  The EAT (Bean J) has handed down its decision in  Nottinghamshire Healthcare NHS Trust v Hamshaw and others  (EAT/0037/11), which is...

Compulsory Retirement Age: ECJ Judgment

  • Posted

'Confusing' is the word that comes to mind when reading today's ECJ decision in  Fuchs v Land Hessen . If you want three words, 'verging on incomprehensible' work quite well. The ECJ was asked to decide a number of questions on when...

Payment For Overtime

  • Posted

[Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary]  The Court of Appeal has handed down its decision in  Driver v Air India Ltd  holding that where a contractual payment is not specified the law...

Constructive Dismissal

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT (Lady Smith) has handed down its decision in  McBridge v Falkirk Football Club , which is authority for the propositions that:  (i) the duty not to act...

Duty to Consider Request to Work Beyond Retirement

  • Posted

[Thanks to  Naomi Ling  of Outer Temple Chambers for preparing this case summary] In the case of  Ayodele v Compass Group , the EAT has held that a request to remain in employment after the age of 65 must be considered 'in good...

Supreme Court: National Security Proceedings in ETs

  • Posted

[Thanks to  Nicholas Hill  of Outer Temple Chambers for preparing this case summary] The Supreme Court has handed down its decision in Home Office v Tariq, holding that the use of a closed material procedure in employment tribunal proceedings...

Equal Pay, TUPE Red-circling, and Genuine Material Factors

  • Posted

The EAT (Lady Smith presiding) has held that red-circling of an individual's pay following a TUPE transfer will normally be a genuine material factor justifying a disparity in pay between a man and a woman.  That much is uncontroversial. But the...

Striking Out Unfair Dismissal Claims

  • Posted

[Thanks to Robert Dickason of Outer Temple Chambers for preparing this case summary]  The EAT (HHJ Richardson) has handed down its decision in  Lockey v East North Homes Leeds , which is authority for the proposition that unfair...

Dismissals for Refusing Pay Cut

  • Posted

[Thanks to Dr John McMullen of  Wrigleys Solicitors LLP  for preparing this case summary] The EAT (Langstaff J) has handed down its decision in  Garside & Laycock v Booth  , which is authority for the proposition that the question...

Implied Terms

  • Posted

[Thanks to Dr John McMullen of  Wrigleys Solicitors LLP  for providing this case summary] The EAT (HHJ Pugsley) has handed down its decision in  Tasneem v Dudley Hospitals , which is authority for the proposition that there was no implied...

Inadvertent Conversation About Sexual Orientation

  • Posted

[Thanks to Sarah Russell of  Ventura  for preparing this case summary] The Court of Appeal has handed down its decision in  Grant v HM Land Registry , which is authority for the proposition that idle conversation about someone being gay,...

Tribunal Recommendations

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT (HHJ McMullen QC presiding) has handed down Judgment in  Lycée Français Charles de Gaulle v Delambre  which is authority for the proposition...

Agency Workers

  • Posted

[Thanks to Dr John McMullen of  Wrigleys Solicitors LLP  for preparing this case summary] The EAT (HHJ Serota) has handed down its decision in  BIS v Studders , which is authority for the proposition that no contract of employment existed...

Legal Representation at Internal Disciplinaries

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The Supreme Court has handed down its decision in R (on the application of G) v The Governors of School X which is authority for the proposition that there...

Ex Gratia Payments Not Set Off Against Notice Pay

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for preparing this case summary] The EAT (Mr Recorder Luba) has handed down its decision in  Publicis Consultants v O'Farrell , which is authority for the proposition that ...the true...

Retirement Notifications

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The EAT (Underhill P) has handed down its decision in  Howard v Campbell's Caravans , which is authority for the proposition that a notification to...

Discrimination and Dress Codes

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for preparing this case summary] The High Court has handed down its decision in  SG v St Gregory's Catholic Science College , where Collins J found that a uniform policy of prohibiting a...

Collective Consultation and Protective Awards

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary and thanks also to  Ian Gatt QC  of Herbert Smith for telling me about this case] The EAT (HHJ Serota) has handed down its decision in Independent Insurance v...

Collective Redundancies and Employee Representatives

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT (Jan Luba QC) has handed down its decision in  Phillips v Xtera Communications Ltd , which is authority for the proposition that an 'election' takes...

Costs in Employment Tribunals

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT has handed down its decision in two costs cases, which are authority for the propositions that:   A Tribunal did not err in making a costs order without...

TUPE and Collective Agreements

  • Posted

[Thanks to John McMullen of  Wrigleys Solicitors LLP  for preparing this case summary] The Supreme Court has handed down its judgment in Parkwood Leisure Ltd v Alemo-Herron and others [2011] UKSC 26, holding that the question whether...

Tribunal Case Management Discussion - standard agenda

  • Posted

Most tribunals routinely send out hard copies of agendas for case management discussions. As delightful as it is for employment judges to wade through two versions (Claimant and Respondent) of this five page document, covered in handwriting, rumour has it...

Pre-pack Administrations and TUPE

  • Posted

[Thanks to Dr John McMullen of  Wrigleys Solicitors LLP  for preparing this case summary] The EAT (Cox J) has handed down its decision in  Pressure Coolers v Molloy , which is authority for the proposition that, on a proper construction of...

Wasted Costs Against Representative

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Jackson v Cambridgeshire County Council , which is a case with extraordinary facts, including the...

Cost Alone Can Justify Indirect Discrimination

  • Posted

[Thanks to  Neil Addison  of Palmyra Chambers for preparing this case summary] The EAT (HHJ Judge Reid QC) has handed down its decision in the case of  Cherfi v G4S Security Services Ltd  which holds - albeit obiter - that an...

Capability Dismissals

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT (Lady Smith) has handed down its decision in  D B Schenker Rail (UK) Ltd v Doolan , which is authority for the proposition that in a capability dismissal the...

Apportioning Liability in Discrimination Claims

  • Posted

[Thanks to  Jahad Rahman  of Kervin & Barnes Solicitors for preparing this case summary] The EAT (Underhill P) has handed down its decision in the case of  London Borough of Hackney v Sivanandan & Others , which is authority for the...

Requests to Work Beyond Retirement

  • Posted

[Thanks to  Jahad Rahman  of Kervin & Barnes Solicitors for preparing this case summary] Retirement notice under the statutory retirement procedures (now repealed). The EAT has handed down its decision in the case of  Bailey v R&R...

Judicial Review of Public Sector Employers

  • Posted

[Thanks to Robert Dickason of Outer Temple Chambers for preparing this case summary] The Court of Appeal has handed down judgment in R (on the application of Sharon Shoesmith) v OFSTED & ors, rejecting Ms Shoesmith's appeal in...

Wasted Costs Arising From Poorly Prepared CMD

  • Posted

[Thanks to Dr John McMullen of Durham University for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Wilsons Solicitors v Johnson  , which is is an example of the proposition that an employment judge...

Adequacy of Tribunal Reasons

  • Posted

[Thanks to Jane Russell of Tooks Chambers for providing this case summary]   The EAT (Bean J) has handed down its decision in  Mak v Waygood Gallery  , which is an example of the proposition that an Employment Tribunal must give...

Temporary Typist / Paralegal

  • Posted

I am looking for a typist / paralegal to sit next to me during a four week employment tribunal case in Manchester during July 2011, and type a (thorough) note of all evidence, submissions etc during the course of the trial. Place:  Employment...

Equal Pay

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Beddoes v Birmingham City Council , which is authority for the propositions that in determining if Claimants...

New Consultation: Family Friendly, Working Time and More

  • Posted

The Department for Business Innovation and Skills has launched a new consultation document entitled 'Consultation on Modern Workplaces'. It proposes the following:-  Flexible parental leave: retaining 18 weeks' maternity leave for...

Unfair Dismissal Time Limits

  • Posted

[Thanks to David Campion of  EAD Solicitors  for preparing this case summary] The EAT (Underhill P) has handed down its decision in  John Lewis Partnership v Charman , which restates the proposition that it may not be 'reasonably...

Discrimination: Compensation for Future Losses

  • Posted

[Thanks to  Jahad Rahman  from Kervin & Barnes Solicitors, for preparing this case summary] The Court of Appeal has handed down its decision in the case of  Wardle v Credit Agricole Corporate and Investment Bank , which is authority for...

Redundancy Scoring

  • Posted

[Thanks to Sarah Russell, solicitor at  Ventura , for preparing this case summary] The EAT (HHJ Serota) has handed down its decision in  Dabson v David Cover & Sons , which is authority for the proposition that when assessing the fairness of...

Government announces Employment Law Reforms - Not.

  • Posted

A number of national papers floated leaks this morning about proposals due to be announced today to cap discrimination awards, reform TUPE and reduce redundancy consultation periods. See, for example, reports in The Telegraph and The Guardian. But it's...

Public Sector Equality Duty

  • Posted

The Government Equalities Office has issued a replacement ' quick start ' guide on the public sector equality duty. The public sector equality duty, which came into force on 5 April 2011, requires public bodies to consider the impact of their...

Agency Workers

  • Posted

The Department for Business, Innovation and Skills has published its  guidance  on the  Agency Workers Regulations 2010 , which come into force on 1st October 2011. The Regulations provide that agency workers (ie temps) will have the same...

Negligent (non-)References

  • Posted

[Thanks to  Dr John McMullen  of Durham University for preparing this case summary] The QBD has handed down its decision in McKie v Swindon College, which is authority for the proposition that an employer may be liable to a former employee...

Statutory Questionnaires and Costs

  • Posted

[Thanks to Sarah Russell, solicitor at  Ventura , for preparing this case summary] The EAT has handed down its decision in  Deer v Walford and Anor , an appeal regarding the inferences to be drawn from a statutory questionnaire. Underhill P...

Internal Disciplinaries and Human Rights

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for providing this case summary] The High Court has handed down its decision in  Puri v Bradford Teaching Hospitals , which is authority for the proposition that Article 6 of the...

Implied Terms

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The Court of Appeal has handed down its decision in  Garratt v Mirror Group Newspapers , which is an interesting case about the implication of terms into...

Employment Status Under DDA 1995

  • Posted

[Thanks to Ed McFarlane of  Deminos H R for preparing this case summary] The EAT (HHJ Birtles) has handed down judgment in the case  Breakell v Shropshire Army Cadet Force  which is authority for the proposition that a paid volunteer...

Notice of Dismissal and the EDT

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for providing this case summary] The EAT (HHJ Hand QC) has handed down judgment in the case of  Wang v University of Keele  which is authority for the proposition that, unless a contract provides...

TUPE Dismissals

  • Posted

[Thanks to  Dr John McMullen  of Durham University for preparing this case summary] The EAT (HHJ Richardson presiding) has handed down its judgment in  Spaceright Europe Ltd. v Baillavoine  which stands for the proposition that, in...

Pregnancy, Positive Discrimination & Polkey

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Eversheds v De Belin , which is authority for the proposition that the obligation to protect...

Illegality

  • Posted

[Thanks to Rad Kohanzad, pupil at Old Square Chambers, for preparing this case summary] The EAT (Silber J) has handed down its decision in  Allen v Hounga , which is a tragic case of abuse and exploitation demonstrating the harsh operation of...

Minimum Wage increase announced

  • Posted

The government has announced that the adult national minimum wage will increase by 15p an hour, to £6.08, from 1st October 2011. Other increases are:- 18-20 year olds: by 6p to £4.98ph 16-17 year olds: by 4p to £3.68ph apprentices: by...

Appeals and Fresh Evidence

  • Posted

[Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary] The EAT (HHJ Richardson presiding) has handed down judgment in the case of  Aslam v Barclays Capital Services & others  which is authority for the proposition...

Judicial Proceedings Immunity

  • Posted

[Thanks to Anna Thomas of Devereux Chambers for preparing this case summary]  The EAT (Underhill P) has handed down its decision in  Parmer v East Leicester Medical Practice , which is authority for the proposition that judicial...

CPD Webinars - CPD Made Easy

  • Posted

  As well as my practise as a barrister, I am also involved with a company called  CPD Webinars  which provides online video training in personal injury and employment law. We are now celebrating our fourth year and have decided to make...

Arbitration Clause Offends Contracting Out Provision

  • Posted

[Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary] The High Court (Slade J) has given judgment in  Clyde & Co LLP v van Winkelhof  concerning the enforceability of arbitration clauses in employment...

Equal Pay

  • Posted

[Thanks to Emma Price of Temple Garden Chambers for preparing this case summary] The EAT (Underhill P) has handed down its decision in  The Audit Commission v Haq , which is authority for the proposition that: An ET is not entitled to...

Employment Status

  • Posted

[Thanks to David Campion of  EAD Solicitors  for preparing this case summary] The EAT (Silber J) has handed down its decision in  Knight v BCCP , which reaffirms the position that without mutual obligations to accept and offer work, there...

SOSR Dismissal

  • Posted

[Thanks to David Campion of  EAD Solicitors  for preparing this case summary] The EAT (Keith J) has handed down its decision in  Ezsias v North Glamorgan NHS Trust , which is authority for the proposition that the reason for dismissal is...

Issue Estoppel

  • Posted

[Thanks to Ed McFarlane of EEF for preparing this case summary] The EAT (Silber J) has handed down its decision in  Foster v Bon Groundwork , which is authority for the propositions that: The res judicata doctrine, creating an estoppel...

Reasonable Adjustments / Aggravated Damages

  • Posted

[Thanks to Natasha Sethi of Henderson Chambers for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Tameside Hospital NHS Foundation Trust v Mr Mylott , which is authority for the proposition that a...

Ministers of Religion

  • Posted

[Thanks to  Robert Dickason  of Outer Temple Chambers for preparing this case summary] The EAT (Underhill P) has handed down its decision in  Moore v Methodist Church , which is authority for the proposition that, in light of the decision...

Termination Payments

  • Posted

[Thanks to Simon Steen of  Steen & Co  for this information] On 6th April 2011, the  Income Tax (Pay As You Earn) (Amendment) Regulations 2011  come into force. At present, when a payment is made to a departed employee after their...

General Guidance From Court of Appeal

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for providing this case summary] The Court of Appeal has handed down its decision in  Fuller v London Borough of Brent , which was an appeal against the EAT's decision to overturn a...

Redundancy Selection after TUPE Transfer

  • Posted

[Thanks to Dr John McMullen of Short Richardson & Forth LLP for preparing this case summary] The EAT (The Honourable Lady Smith presiding) has handed down its decision in  First Scottish Searching Services Ltd v McDine...

Sex Discrimination - Territorial Jurisdiction

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The Court of Appeal has handed down its decision in  Ministry of Defence v Wallis , in which it held that two wives of British servicemen, who worked for...

Strike Injunctions

  • Posted

[Thanks to Ed McFarlane of EEF for preparing this case summary] The Court of Appeal has handed down its decision in  NURMT v Serco & combined cases , in which it overturned injunctions against strikes in both the RMT and ASLEF cases....

Equal Pay Claims in the Civil Courts

  • Posted

[Thanks to Alfred Weiss of Zenith Chambers for preparing this case summary] The High Court (Slade J) has handed down its decision in  Ashby & ors v Birmingham CC , which is authority for the proposition that section 2(3) Equal Pay Act...

Repeal of Retirement Age - 6

  • Posted

Controversy rears its head again. Debate is raging over the last date on which an employee can be compulsorily retired under the old law - I have received comments from over a dozen different people. Each possibility assumes that an employee is given twelve...

Repeal of Retirement Age - 4

  • Posted

[Thanks to www.emplaw.co.uk for discovering the new Regs, and to Darren Newman of Inco Training for explaining them to me] The Department for Business, Innovation and Skills has issued a second set of draft Regulations which repeal the...

Repeal of Retirement Age - 5

  • Posted

Last night, Andrew Short QC and I presented a seminar in London on  Justifying Retirement without a Compulsory Retirement Age . It included the new transitional provisions and how they will work. You can download the seminar notes here....

Territorial Jurisdiction - Cabin Crew

  • Posted

[Thanks to Emma Price of Temple Garden Chambers for preparing this case summary] The Court of Appeal has handed down its decision in the case of  British Airways Plc v Ms Eliza Mak & Ors , which is authority for the proposition that...

Written Reasons for Tribunal Decisions

  • Posted

[Thanks to Rad Kohanzad, pupil at Old Square Chambers for preparing this case summary] Greenwood v NWF Retail  is an important case dealing with whether a tribunal's written reasons go into sufficient detail to satisfy the tribunal's...

TUPE Applies to Pre-pack Administrations

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The EAT (Underhill P) has handed down its decision in  OTG Ltd v Barke , which is authority for the proposition that an administration can never qualify...

Repeal of Retirement Age - 3

  • Posted

Yesterday the Department for Business, Innovation and Skills published the draft Employment Equality (Repeal of Retirement Age) Regulations 2011. Several commentators have pointed out there appears to be a significant drafting error in the Regulations...

Repeal of Retirement Age - 2

  • Posted

Further to my email a few minutes ago, I am told the link does not work on a lot of computers (it does on mine, bizarrely). So here is another link to the draft  Employment Equality (Repeal of Retirement Age) Regulations 2011. Also, for a fast-moving...

Repeal of Retirement Age

  • Posted

And they're out. The  draft  Employment Equality (Repeal of Retirement Age) Provisions 2011 have been published. They are fairly succinct, doing pretty much what we all expected. One welcome element is regulation 2, which provides that it...

Insurance Benefits for the over 65s

  • Posted

The Department for Business, Innovation and Skills has published the draft Employment Equality (Repeal of Retirement Age) Regulations 2011, setting out the framework and timetable for removal of the default retirement age. Abolition of compulsory...

Update: Abolition of Default Retirement Age

  • Posted

Rumours are circulating about the transitional provisions abolishing the default retirement age, which are expected to be published later this week. According to a number of usually impeccable sources, including  PLC , the transitional provisions will...

Update: Default Retirement Age

  • Posted

Rumours are circulating about the transitional provisions abolishing the default retirement age, which are expected to be published later this week.  According to a number of usually impeccable sources, including  PLC , the transitional provisions...

Right to request Time Off for Training

  • Posted

The Department for Business, Innovation and Skills has just issued a  Press Release  announcing that the right to request time off for training is not  going to be extended to all employees from April 2011. The right to request time off for...

Costs in the EAT

  • Posted

[Thanks to Ed McFarlane of EEF for preparing this case summary] The EAT (Burton J) has handed down its decision in  G4S Services v Rondeau , which is authority for the proposition that a failure by a party to consider a reasonable...

Employment Status - IR35

  • Posted

[Thanks to Ed McFarlane of EEF for preparing this case summary] The First tier tribunal tax chamber has handed down its decision in  MDB Design Services v HMRC , which is authority for the proposition that the guidelines for determining...

Default Retirement Age

  • Posted

Some important news: the Supreme Court has granted permission to appeal in  Seldon v Clarkson, Wright & Jakes . The Court of Appeal's judgment suggested that a compulsory retirement age of 65 could be justified for partners in a law firm, and...

Defamatory Comments in Correspondence

  • Posted

[Thanks to  Claire Darwin  of Matrix Chambers for preparing this case summary] Wallis & GHP Securities Limited v Justin Meredith , or the case of the "two burly men with Eastern European accents" as it will doubtless become known,...

Unfair Dismissal

  • Posted

[Thanks to Lionel Stride of Temple Garden Chambers for preparing this case summary] The Court of Appeal has handed down its decision in  Orr v Milton Keynes Council , which is authority for the proposition that in an unfair dismissal claim,...

Should Employment Judges sit alone?

  • Posted

The government's  consultation paper on Resolving Workplace Disputes , published last month, seeks views at p43 on whether Employment Judges should sit alone, without wing members, in unfair dismissal claims. Wing members are typically highly...

Correction: Equal Pay

  • Posted

CORRECTION: Thanks to all the eagle-eyed readers who spotted this case involved Sunderland (not Sutherland) City Council. Our mistake transcribing the case summary; not the author's mistake. Amended version below. Equal Pay [Thanks to  Naomi...

Equal Pay

  • Posted

[Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary] The EAT (Underhill P) has handed down a lengthy decision in  Bury MBC v Hamilton and Sutherland City Council v Brennan , two appeals heard together...

Paralegal sought

  • Posted

Daniel Barnett is looking for someone to help with a one-off piece of research, involving:   locating and reviewing relevant extracts from Hansard and parliamentary committee papers, to try to establish legislative intention; and,   caselaw...

Redundancy

  • Posted

[Thanks to Rad Kohanzad, pupil at Old Square Chambers for preparing this case summary] The EAT has handed down its decision in  Morgan v The Welsh Rugby Union  where it reiterates that the redundancy guidance set out in Williams v Compair...

Employment Tribunal Reform

  • Posted

According to reports in the  Daily Mail  and the  Telegraph , Prime Minister David Cameron and Business Secretary Vince Cable are due to announce fundamental reforms today to the employment tribunal system today. Whilst the details remain...

TUPE

  • Posted

[Thanks to Dr John McMullen of Short Richardson & Forth LLP for preparing this case summary] The European Court of Justice has handed down its judgment in  CLECE SA v Maria Socorro Martin Valor and Ayuntamiento de Cobisa  (Case...

Charities allowed to discriminate against unpaid volunteers, says Court of Appeal

  • Posted

The Court of Appeal has held that unpaid volunteers are not protected by anti-discrimination laws, as they are not ‘workers'. In a  judgment handed down this morning  (26 January 2011), Lord Justices Elias, Rix and Tomlinson dismissed a...

Certain Volunteers not protected from Disability Discrimination

  • Posted

[Thanks to Sheryn Omeri, pupil barrister at Cloisters, for providing this case summary] The Court of Appeal has handed down judgment in  X v Mid Sussex Citizens Advice Bureau , which is authority for the proposition that certain voluntary workers are...

Cheeky Argument of the Year 2011

  • Posted

[Thanks to Ed McFarlane of EEF for preparing this case summary] The EAT (Burton J) has handed down its decision in  The University of the Arts London v Rule  which is authority for the proposition that a Respondent cannot avoid a...

Right to be Accompanied

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The EAT (Slade J) has handed down its decision in  Bullock v Norfolk County Council , which is authority for the proposition that a foster carer is not a...

Reasonable Adjustments

  • Posted

[Thanks to Robert Dickason of Outer Temple Chambers for preparing this case summary] The EAT (Langstaff J) has handed down its decision in  RBS v Ashton , which reiterates that the test for a failure to make reasonable adjustments under the...

Third Party Harassment Under the Old Law

  • Posted

[Thanks to Louise Jones of Temple Garden Chambers for preparing this case summary] The EAT (Langstaff J) has handed down judgment in  Conteh v Parking Partners Ltd , which was decided under the (old) Race Relations Act 1976. Where an...

Why Nick Clegg's shared parental leave won't work

  • Posted

Ministers are expected to announce a consultation today on a new system of parental leave, to allow mothers and fathers more flexibility to share time off after a baby’s birth. The proposals include allowing parents to split their leave in whatever way...

Abolition of Default Retirement Age

  • Posted

Government confirms abolition of Default Retirement Age As widely anticipated in the press, the Department for Business, Innovation & Skills has today confirmed that the default retirement age will be abolished from 1st October 2011 (with phasing in...

Equality Act Compromise Agreements

  • Posted

[Thanks to Neil Russell of  BD Laddie  for telling me about this] The furore continues. Two goliaths of the employment law world, John Bowers QC and Tom Linden QC, have provided Advices which reach precisely opposite conclusions on the thorny...

Negligent CRB checks

  • Posted

[Thanks to James Medhurst of Employment Law Advocates for preparing this case summary] The Court of Appeal has handed down its decision in  Desmond v Nottinghamshire Police , which is authority for the proposition that a person cannot bring...

Teacher fails in claim against Police for misleading CRB check info

  • Posted

The Court of Appeal has, this morning in  Desmond v Nottinghamshire Police , held that a teacher cannot sue the police in negligence because of misleading information provided by them in an advanced Criminal Records Bureau (‘CRB’) check. In...

Sexual Orientation and Third Party Discrimination

  • Posted

[Thanks to Rosa Dickinson of St Philips Chambers for preparing this case summary] The EAT (HHJ Peter Clark) has handed down its decision in  Lisboa v Realpubs , in which it held that "less favourable treatment on grounds of sexual...

Rapacious Employees and the tribunal system

  • Posted

The newpapers have been packed with stories about rapacious employees abusing the employment tribunal system and taking employers to the cleaners (for example, today's rant in the  Daily Mail , which is riddled with inaccuracies such as...

Tribunals cannot construe terms under Part I of ERA

  • Posted

[Thanks to James Williams, pupil at Littleton Chambers, for providing this case summary] The Court of Appeal has handed down its decision in Southern Cross Healthcare v Perkins and Others , confirming that Employment Tribunals have no power of contractual...