Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can an employee be dismissed without notice for disclosing confidential information? Yes, held the High Court (Whipple J) dismissing a claim for wrongful dismissal and...

 Thanks to  Sandy Kemp  of Clyde & Co for preparing this case summary Can the purposive interpretation obligation for the construction of statutory provisions to give effect to EU Directives (theMarleasing principle) extend to the...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. The EAT (Langstaff P) has summarised the main principles in decisions on mitigation of loss in  Cooper Contracting Ltd v Lindsey . The Claimant...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Was an instruction to a non-native English speaker not to speak in her native language at work discriminatory? No, held the EAT in  Kelly v Covance Laboratories...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary Did a tribunal err in its approach to the burden of proof when it required a Claimant to show that the only inference which could be drawn from a negative oral reference...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Should the duty to make reasonable adjustments under s.20 of the Equality Act be abolished? No, held the Court of Appeal in  Griffiths v Secretary...

 Thanks to  Miranda de Savorgnani  of Outer Temple Chambers for preparing this case summary Was an employment tribunal entitled to find that part-time judges of the Residential Property Tribunal had been less favourably treated than their...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Are events following a putative service provision change relevant in determining whether it was the client’s intention that the contract awarded...

The Government Equalities Office has today published a new guide for employers on Recruitment and Retention of Transgender Staff. It is designed to provide employers with practical advice, suggestions and ideas on the recruitment and retention of...

 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Was it wrong for an employment tribunal to proceed with a hearing where an interpreter had previously been requested but did not attend? No, held the...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary When an employment tribunal claim is amended to add a new cause of action, is fresh early conciliation required? No, held the EAT in  Science...

Thanks to Bruno Gil, pupil barrister of Old Square Chambers for preparing this case summary] Can an employment tribunal consider complaints of different types of discriminatory conduct when considering whether there is an act extending over a period? ...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is there a transfer of an undertaking when an employee changes from being employed by a single employer to a group of employers which includes the original employer? ...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary If a part-time worker increases her hours, is her employer obliged to recalculate her entitlement to annual leave retrospectively, even taking into account...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Does inconsistency of treatment make a dismissal unfair? Not necessarily, held the EAT in  MBNA Limited v Jones . Two employees were at a...

 Thanks to Georgina Bryan of Littleton Chambers for preparing this case summary Did the employment tribunal’s erroneous view that the presumption of continuity of employment applied vitiate its conclusion? Not in this case, held the...

Thanks to  Claire Scott , professional support lawyer at Burness Paull LLP, for telling me about this HMCTS has made some changes to the fee remission system, removing much of the bureaucracy which made it difficult to claim fee remission. From 28...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. In an unfair dismissal case where the reason for...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. Can the failure to investigate a...

 Thanks to  Sophie Beesley  of Old Square Chambers for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. Must an Employment Judge demonstrate...

 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. In an indirect...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. Is there an exception for 'public...

Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. The Department for Business, Innovation and Skills has produced a  guide for employers on zero-hour contracts . It explains to...

 Thanks to Dionne Dury of Fox Whitfield solicitors for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett until the end of the month. Can a complaint about contractual...

As readers know, the Ministry of Justice is conducting a  review of the employment tribunal fee regime. The President and the Regional Employment Judges of the Employment Tribunals have, together, submitted  written evidence for the review...

 Thanks to  David Leslie  of Lyons Davidson for preparing this case summary. Do allegations of bad faith have to be put to a dismissing officer in an unfair dismissal case? Yes, if they are central to the employment tribunal's...

 Thanks to Miranda de Savorgnani of Outer Temple Chambers for preparing this case summary Is an on-call night worker who lives at his place of work entitled to National Minimum Wage (NMW) for all hours of the night? No, held the EAT in  Shannon...

You won't have missed the headline that the Government is planning to extend shared parental leave to include grandparents. For those who find themselves answering questions about it, here are some important 'small print' points missed off most...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Does laying-off employees before a transfer mean that they are not 'assigned' to an 'organised grouping of employees', stopping them from transferring...

 Thanks to  Sophie Beesley  of Old Square Chambers for preparing this case summary Can a limited company, as a member of a Limited Liability Partnership, bring a direct discrimination claim for detrimental treatment because of the protected...

Just a reminder - the following changes are taking place on 1 October 2015:-   - minimum wage changes (adult rate increases from £6.50 to £6.70)   - tribunals lose power to make wider recommendations in discrimination cases - now...

BIS is  calling for evidence  on how tips, gratuities and service charges are collected and what deductions are made from them by the employer. At present, tips paid in cash to the employee belong to the employee, whereas tips paid to the...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Is it a TUPE transfer if a majority shareholder takes over its subsidiary's activities after it is wound up? Yes, held the ECJ in  Ferreira da Silva...

The House of Commons Library produced a  briefing paper  earlier this week summarising the background to and operation of the fees system. It provides a statistical analysis of its impact, proposals for reform, and discusses the legal challenges...

The government has, today, published the  Enterprise Bill . The employment-law related aspects are:-   - protecting the 'apprentice' brand, by (amongst other things) making it a criminal offence to offer an apprenticeship course or...

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary In the case of mobile workers, is the time spent travelling from home to customers' premises to be regarded as 'working time' for the purposes of...

 Thanks to  Sarah Fitzpatrick  of Collingwood Legal for preparing this case summary Can a dismissing or investigating officer seek guidance or advice from human resources? Yes, held the EAT in  Ramphal v Department for Transport ,...

The Law Society has published a discussion document,  Making Employment Tribunals Work For All . The main proposals are:- · all employment law disputes should be dealt with in a single jurisdiction consisting of four levels. · claims...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Was it open to an employment tribunal to find that it had not been reasonably practicable to present a complaint within 3 months where there had been a...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can an employee who is permanently off work sick be assigned to an organised grouping of employees in the event of a TUPE transfer? No, held the EAT in  BT Managed...

In ' A Stronger Scotland: The Government's Programme for Scotland 2015-16 ', the Scottish Government has announced it intends to abolish employment tribunal fees. At page 3 of the document (p6 of the pdf file), the Government...

The ECJ has handed down an important decision, dealing with indirect discrimination, in C HEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia . The ECJ holds that individuals can claim indirect discrimination even if they fall...

Newcastle Employment Tribunal is moving from Quayside to: Kings Court Earl Grey Way Royal Quays North Shields Tyne and Wear NE29 6AR During the move, the tribunal will have no access to emails or telephones. The move takes place from noon tomorrow (27...

 Thanks to  Laurie Anstis  of Boyes Turner for allowing me to reproduce his summary of this decision from  worklifelaw.co.uk The Court of Appeal has dismissed Unison's appeals against its judicial review applications...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Was the denial of choice of representative for disciplinary investigation beyond statutory or contractual entitlement a breach of the implied term of...

 Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Can the High Court make a Civil Restraint Order (CRO) to prevent further claims being brought in the employment tribunal? Yes, held the High Court in ...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Was it unfair to dismiss an employee for comments made on Facebook which he claimed were untrue? No, held the EAT in  British Waterways Board v Smith...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary Can the consistent application of the same rule policy or practice across a series of separate contracts amount to "a series of similar acts" where there is...

Acas has published  three new guides  on equality:-   - Equality and Discrimination: Understand the basics - Prevent Discrimination: Support equality - Discrimination: What to do if it happens Like most Acas guides, they are detailed and...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Does EU law require that an agency worker in a temporary job be given a right to apply for that job, and/or get preference ahead of an employer's permanent...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Must an employment tribunal consider the position of different Respondents separately when considering an extension of time? Yes, held the EAT in ...

Jeremy Corbyn, currently the  joint favourite  to become the next Labour leader, has published a quasi-manifesto document, ' Working With Women '. In it, he sets out the following employment law / HR related goals:-   - abolishing...

This is boring but important. The government is  consulting on simplifying the tax treatment of termination payments. At the moment, the first £30,000 of any non-contractual termination payment is free of tax and national insurance. The...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Can an employment tribunal prevent an employee from giving instructions, from knowing the full gist of the case against him and from disclosure on...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Is 'unfavourable' treatment to be equated with detriment, for the purposes of a claim of discrimination in consequence of something arising from a...

The Commons Justice Select Committee has launched an  inquiry into court and tribunal fees , with a particular focus on whether the introduction of fees has affected access to justice.  Important :This is different from the Ministry of...

You can't have missed the news (which everyone knew was coming anyway) about the consultation on a reform of strike balloting laws. The government has published the draft  Trade Union Bill , along with three separate consultation documents on ...

 Thanks to  Miranda de Savorgnani  of Outer Temple Chambers for preparing this case summary Does a cross-appeal, which could be brought as an independent, free-standing appeal, have to be brought within the ordinary 42-day time limit for...

 Thanks to  Dionne Dury  of Fox Whitfield solicitors for preparing this case summary Is it indirectly discriminatory on the grounds of age to retire police officers entitled to receive a pension, in order to cut costs? No, held the EAT...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary Does an employee on sick leave have to show he was unable by reason of illness to take holiday for it to be carried forward and is the right to carry forward unlimited? No...

Acas has published statistics showing the impact of the first year of Early Conciliation.  Key statistics include:-   - it dealt with over 83,000 EC cases between April 2014 and March 2015; and, - three out of four employees and employers agreed...

Acas has issued a guide for small employers which covers the basics of employment law on staff pay. According to Acas, the new guide ‘ Help for small firms: Handling pay and wages ’ can "help small and medium sized businesses stay on...

 Thanks to  Sian McKinley  of Cloisters for preparing this case summary Does an undertaking have to be a legal entity for the purposes of the Information and Consultation of Employees Regulations 2004? Yes, held the EAT in  Moyer Lee...

 Thanks to  Gareth Walls  of A&L Goodbody NI for preparing this case summary Should employers include voluntary overtime when calculating an employee's holiday pay? Cautiously, yes, held the Court of Appeal in Northern Ireland in...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can the obligation to consult over collective redundancies be triggered when an employer makes a provisional decision to close a workplace? Yes, held the EAT, in ...

 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Is it necessary in an indirect discrimination claim for the Claimant to show why the provision, criterion or practice has disadvantaged the group and...

Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Can the Employment Appeal Tribunal hear appeals from parties who were not acting in the employment tribunal case below? Yes, if the appeal has merit, is not...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary Is it an error of law for an employment tribunal not to adopt a purposive or inquisitorial approach to the evidence before it when determining disability? No, held the EAT...

Thanks to  Grahame Anderson  of Littleton Chambers for preparing this case summary Does the time that workers (who are not assigned to a fixed or habitual place of work) spend travelling from home to their first customer, and from the last...

 Thanks to  David Leslie  of Lyons Davidson for preparing this case summary. In a TUPE scenario, can the 'client' dictate who is assigned to an organised grouping of employees for the purpose of the transfer? No, held the EAT...

 Thanks to John Cook of SAS Daniels LLP for preparing this case summary Was a GP, who provided his services to an NHS Trust through a Cooperative, either an employee or a worker for employment law purposes? No, held the EAT in  Suhail...

The government has announced its long-awaited  review of employment tribunal fees . It is expected to conclude towards the end of the year. Keen-eyed readers will notice there is no mention of any intention to consult with stakeholders or users of the...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is there an implied term in an employment contract that an employee should disclose his own misconduct? No, held the EAT in  The Basildon Academies v Amadi ,...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Should an Employment Judge make a wasted costs order against solicitors, on an inferred assumption the unrealistically high Schedule of Loss they...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary If a party contracts out a service, which is then subcontracted, can it be the 'client' for the purposes of a TUPE claim? Yes, held the EAT in ...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Was an employment tribunal entitled to find that a limit on the length of a garment that a Muslim nursery assistant could wear to work was not...

The Department of Business, Innovation and Skills has, today, updated its list of  prescribed persons and bodies  to whom individuals can make a protected disclosure (assuming the other criteria are met)....

HMCTS and BIS have published an  updated version of the tribunal procedural rules  contained in Schedule 1 to the  Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 . It incorporates the amendments to the rules since...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Does the TUPE transfer of a contract of employment amount to an offer of employment? No, held the EAT in  NHS Direct v Gunn . The Claimant (who was...

Some two months after  claiming that they had been banned , the government has prohibited the use of exclusivity clauses in zero-hours contracts. This and other employment law-related measures are contained in the  first commencement order...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary How much pay can an employer withhold for a day's strike by a salaried striker? 1/260th held the Court of Appeal in  Hartley v King Edward VI College , not...

[Thanks to  Gareth Walls  of A&L Goodbody NI for preparing this case summary] Is a gay customer's rights to access goods and services more protected than the service provider's religious belief? Yes, held the County Court for...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is a single retail store capable of being an 'establishment' for collective redundancy consultation purposes? Yes, held the European Court of Justice (ECJ)...

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary Is the risk of the public believing unfounded allegations a valid reason for anonymising an employment tribunal's judgment? No, held the EAT in  BBC...

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary Was an employment tribunal entitled to reject a claim that was submitted out of time due to the Claimant entering the wrong Early Conciliation number? Yes,...

10 Downing Street has announced the ministers filling the roles of relevance to employment lawyers. Secretary of State for Business, Innovation & Skills: Sajid Javid Secretary of State for Justice: Michael Gove Employment Minister: Priti Patel We...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Was the employment tribunal right to strike out a claim brought six years after the employment relationship ended as an abuse of process? No, held the EAT...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Can an employment tribunal hear a claim if the ACAS early conciliation requirements have not been met? No, held the EAT in  Cranwell v Cullen. ...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Is attending meetings at the workplace, in the capacity of a trade union or health and safety representative, working time for the purposes of the...

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary Is an employer obliged to put a disciplinary process on hold whilst the employee's grievance is dealt with? No, held the EAT in  Jinadu v Docklands...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can disclosures that are not protected disclosures be converted into them by linking them together? No, held the EAT in  Barton v Royal Borough of Greenwich ,...

 Thanks to James Medhurst of Employment Law Advocates for preparing this case summary Is it discriminatory to dismiss after relying upon the reports of colleagues motivated by discrimination? No, held the Court of Appeal in  CLFIS v Dr...

The European Court of Justice has handed down its judgment in the  Woolworths and Ethel Austin  cases.  The full text is not online yet, but the court's  official summary  is. The ECJ held that 'establishment',...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Was a Rector, the holder of a statutory office, an employee or a worker for the purposes of protection from unfair dismissal and whistle-blowing...

 Thanks to  Claire Scott  of Burness Paull LLP for preparing this case summary Did an internationally mobile employee based in Switzerland, who spent more of his working time in the UK than any other single place, have a sufficiently strong...

The Supreme Court has, this morning, reversed the Court of Session's decision in  University & College Union v University of Stirling . Collective consultation obligations arise if an employer is proposing to dismiss 20+ people as redundant...

 Thanks to  Jamie Susskind  of Littleton Chambers for preparing this case summary In cases of compulsory trade union recognition, is there an obligation to negotiate items which are not core contractual terms 'relating to pay, hours and...

 Thanks to  Rosa Dickinson  of St Philips Chambers for preparing this case summary Can a warning given in bad faith be relied on for the purpose of determining whether there is sufficient reason to dismiss an employee? No, held the Court of...

In theory, if employers want to know whether job applicants have a criminal record, they should use the  Disclosure and Barring Service (formerly known as the Criminal Records Bureau), which does not disclose any spent convictions.  Employers have...

 Thanks to Neil Addison of New Bailey Chambers for preparing this case summary Was the fact that a financial arrangement might be regarded as a misuse of public funds 'some other substantial other reason' justifying dismissal? ...

What are the various political parties saying about  employment tribunal fees  in their election manifestos? Conservative: no change ( manifesto , p21 left column) Labour: abolish the employment tribunal fees system (query: is that the same...

 Thanks to James Medhurst of Employment Law Advocates for preparing this case summary Should full costs be awarded automatically be awarded if a claim is lost following the payment of a deposit? No, held the EAT in  Oni v Unison . The...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can a disclosure be made in the 'reasonable belief it is in the public interest' if it relates to a contractual dispute affecting a group of staff, and not the...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Was an employer liable for psychiatric illness caused by occupational stress? Not on the facts of  Easton v B&Q plc , held the High Court. ...

I have been asked by Regional Employment Judge Potter to pass this message to users of the London (Central) employment tribunal:- Following a power failure on Wednesday 1st April, the Employment Tribunal at Victory House in Kingsway will be temporarily...

The Labour party has, this morning, published its Work Manifesto,  A Better Plan for Britain's Workplaces . It pledges to abolish the "employment tribunal fee system" (p6 final paragraph). But hang on...  is that abolishing fees...

 Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary Must a claim be accompanied by a fee, or an application for fee remission, at the time it is presented? Yes, held the EAT in  Deangate Ltd v Hatley , but...

The employment tribunal in Leicester has handed down its  long-awaited decision in Lock v British Gas . Mr Lock was a salesman on a basic salary with variable commission paid in arrears. Mr Lock's commission depended not on the time worked, but the...

 Thanks to Sarah Russell of Slater & Gordon for preparing this case summary Where part of an employment tribunal claim has settled before the hearing, and the remaining elements fail, can there still be an award for failure to provide a statement...

 Thanks to James Medhurst of Employment Law Advocates for preparing this case summary Does Type 2 diabetes controlled by diet automatically qualify as a disability? No, held the EAT in  Metroline Travel v Stoute. The Claimant argued...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is it necessary to imply a contract between an agency worker and an end-user where factors point to a contract as the underlying reality? No, held the Court of Appeal in ...

Thanks to  Claire Darwin  of Matrix Chambers for preparing this case summary Is the Secretary of State for Business, Innovation and Skills (in accordance with the statutory scheme at Part XII of the Employment Rights Act 1996) liable for debts...

Thanks to  Jennifer Danvers  of Cloisters for preparing this case summary. Does an accusation made as part of a heated conversation that a letter written by the Claimant was “too left-wing” amount to harassment related to belief? Not...

The revised  Acas Code of Practice on Disciplinary and Grievance Procedures  came into force yesterday, pursuant to  The Code of Practice (Disciplinary and Grievance Procedures) Order 2015 . The change is minor, reflecting the EAT's...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary Is the proportionality test under sections 15 and 35(1)(b) of the Equality Act 2010 the same as the test under Article 8 of the European Convention on Human Rights? No,...

Thanks to  James English  of Hempsons solicitors for preparing this case summary Can an employment tribunal carry out a speculative assessment of a Claimant's working hours, possible dismissal and the impact on their loss of earnings? Yes,...

Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Is an act of constructive dismissal in itself an act of harassment for the purposes of the Equality Act 2010? No, held the EAT in  Timothy James...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary If a Union pays an Appellant's fee, does Rule 34A (2A) of the EAT Rules permit the EAT to order unsuccessful Respondents to pay the EAT fees of the Appellant? No, held the...

Several developments on tribunal fees: each small, but cumulatively worth a mention. 1. Parliament has made an  amending statutory instrument , clarifying an ambiguity in the original fees order. It is now clear than an employer counter-claim for...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Was there bias in a salaried Employment Judge, hearing a part-time workers claim from a Tribunal lay member, deciding the case with the benefit of his own experience of...

 Thanks to  Karen Jackson  of didlaw for preparing this case summary . Is cutting off email access for a sick employee a provision, criterion or practice (PCP) which triggers the reasonable adjustment duty? Does the Vento uplift...

The online ET1 form has been updated, so that it now has a 'save' and 'return' function. Finally....

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Is it a repudiatory breach of contract to forward an obscene and pornographic email at work? Yes, held the High Court in  Williams v Leeds United...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee? No, held the Court of Appeal...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. May an employment tribunal strike out a victimisation claim based on a procedurally flawed grievance process if removal of the flaw would have made no...

Jo Swinson, the Employment Relations Minister, has today issued a  press release  about the imminent introduction of Shared Parental Leave.  Meanwhile, the Department of Business, Innovation and Skills has developed an  online calculator...

The Senior President of Tribunals has issued his  Annual Report , which is well worth reading for first-rate summaries of what has been happening in the EAT and ETs over the last 12 months, and what is expected in the future. The relevant sections...

It's time for the annual increase in compensation limits, requiring us to yet again commit a series of essentially meaningless numbers to memory. The  Employment Rights (Increase of Limits) Order 2015 applies where the dismissal (or detriment, or...

 Thanks to  Grahame Anderson  of Littleton Chambers for preparing this case summary Can an employment tribunal reduce victimisation compensation because the Claimant was unlikely to be appointed to a role?   Yes, held the EAT in ...

[Thanks to Georgina Bryan, pupil barrister at Littleton Chambers, for preparing this case summary.] Does a single employee constitute an organised grouping for TUPE purposes where he or she has been instructed by the employer to carry out all of the...

Employment law practitioners will be saddened to learn of the death of His Honour Judge Jeremy McMullen QC, who has passed away after a period of illness. HHJ Jeremy McMullen was a resident judge of the Employment Appeal Tribunal, sitting there from 2001...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary If an employer introduces contractual changes, can those changes themselves be regarded as a provision, criterion or practice (PCP)? Yes, held the EAT...

 Thanks to  Grahame Anderson  of Littleton Chambers for preparing this case summary Is a member of service staff at a foreign diplomatic mission to the UK able to bring proceedings in this jurisdiction against the employing state to assert...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Does the EU Collective Redundancies Directive 98/59 require that the numbers of employees dismissed across an employer’s various establishments be aggregated to...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Was an unremunerated director both an employee and a worker? Yes, held the Court of Appeal, on the facts in  Stack v Ajar-Tec . Agar-Tec had...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Does an employee who might claim constructive dismissal affirm the contract by claiming sick pay whilst off sick? Not necessarily, held the EAT in  Colomar Mari v...

The  draft National Minimum Wage Regulations 2015  have been published. They consolidate the existing 28 (that's right - 28 - here's  the proof ) separate statutory instruments dealing with the national minimum wage since it was first...

 Thanks to  Chesca Lord  of Cloisters for preparing this case summary Where an employer decides that an appeal against dismissal should succeed, is communication of the decision necessary to revive the contract? No, held the EAT in ...

BIS has issued a  consultation document , seeking views on new legislation restricting adjournments in employment tribunals. The proposals are:- 1. if a party has already been granted two adjournments (for whatever type of hearing, preliminary or...

Acas has, today, revised its  Early Conciliation notification form  (both online and hard copy versions). The changes are:- 1. a new field so the Claimant can include contact details of their representative (if s/he has one). If the Claimant...

Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary When employees lost the benefit of free parking near their homes, was this a place of work redundancy? No, held the EAT in  EXOL Lubricants v Birch . ...

The House of Commons Library has produced a superb  briefing note on employment tribunal fees . It sets out, impartially and dispassionately, the impact of fees and the various arguments for and against fees in employment tribunals. It also summarises...

Thanks to  Michael Reed , Employment Legal Officer at the Free Representation Unit, for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this week.    Is caste protected...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this week. If an employment tribunal decides to exclude part of a witness...

Thanks to  Sheryn Omeri  of Cloisters for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this week. Can an employee who returns to Australia, at her own request, but who...