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Costs - Litigant in Person

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 Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Can an employment tribunal make an order for unreasonable conduct costs against a litigant in person? Yes, held the EAT in  Liddington v 2gether NHS Trust...

Presidential Practice Direction - Presentation of Claim Forms

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[Thanks to Claire Scott of Burness Paull for tipping me off about this] Both Presidents of Employment Tribunals (England & Wales, and Scotland) have issued a Practice Direction on Presentation of Claims, updating the existing Practice Directions. ...

Ministers of Religion and Same Sex Marriage

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Thanks to Will Young of Outer Temple Chambers for preparing this case summary. Can a Bishop (as a 'qualifications body') rely on the exemption in Schedule 9 of the Equality Act 2010 in refusing to grant a practising licence to an Anglican priest on...

Gender Pay Issues

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The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017  have been published (subject to parliamentary approval, which is unlikely to be contentious). The main differences between the draft Regulations, published for consultation in...

Compensation: Medical Evidence not required for Personal Injury Awards in Tribunal

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 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Does an employee have to provide an expert report when bringing a personal injury claim in the employment tribunal? No, held the EAT in ...

Vicarious Liability: Assault at Christmas Party

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 Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Is a company vicariously liable for injuries caused by an employee after a work Christmas party has ended? No, held the High Court in  Bellman v...

Costs - Litigant in Person

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 Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Can an employment tribunal make an order for unreasonable conduct costs against a litigant in person? Yes, held the EAT in  Liddington v 2gether NHS...

Working Time Regulations: Rest Breaks

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 Thanks to James Medhurst of Fieldfisher for preparing this case summary. Is an employee required to ask for a rest break before claiming to have been refused a rest break? No,held the EAT in  Grange v Abellio London . The Claimant...

Perfunctory and Insensitive Redundancy Consultation

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is a 'perfunctory and insensitive' redundancy consultation likely to make a redundancy dismissal unfair? Yes, held the EAT in  Thomas v BNP Paribas...

Fairness of Dismissal when Inappropriate Final Written Warning

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 Thanks to  David Leslie  of Lyons Davidson for preparing this case summary. If a final written warning was found to be manifestly inappropriate such that the employer ought to ignore it when considering further misconduct, is it open to the...

Segregation on Grounds of Gender is not Direct Discrimination

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 Thanks to  Miranda de Savorgnani  of Outer Temple Chambers for preparing this case summary Is segregation of pupils based on sex direct discrimination contrary to  s.13 Equality Act 2010 ? No, held the Administrative Court...

Trade Union Detriments: Burden of Proof

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[Thanks to Mark Greaves, pupil barrister at Old Square Chambers, for providing this case summary.] In a case of detrimental treatment related to trade union activities, contrary to  s.146 TULR(C)A 1992 , does the employer necessarily lose if the...

Article 50 and Brexit

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The Divisional Court has upheld an application brought against the government, and held that the government does  not  have prerogative power to invoke Article 50 without a vote by Parliament. In other words, Parliament needs to vote in favour of...

Employment Status - Judicial Office Holders

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Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Are judicial office holders employed under a contract? No, held the EAT in  Gilham v Ministry of Justice . Whilst judges are undoubtedly office...

Uber Tribunal Decision

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An Employment Tribunal has, this afternoon, ruled that two drivers who provide services to gig economy stalwart Uber are 'workers' within the meaning of the Employment Rights Act 1996. This means they will be entitled to a limited number of...

Inquiry into the Rights of Workers in the 'Gig' Economy

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The Commons Select Committee on Business, Energy and Industrial Strategy (previously BIS) has launched an inquiry into the future world of work, focusing on the rapidly changing nature of work, and the status and rights of agency workers, the self-employed,...

Gay Cakes (if, of course, a cake can be gay)

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How should conflicts between the LGBT community, and the faith community, be resolved under discrimination law? The Northern Ireland Court of Appeal has handed down its decision in the so-called 'gay cake' case, more properly known as  Lee v...

Brexit and Employment Law

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The House of Commons Library has produced a (very) short  briefing paper  on what the implications might be for employment law following Brexit. It says very little. But there is a useful table at the end setting out which rights might be...

Workplace Privacy

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 Thanks to  John Cook  of Cook Lawyers, for preparing this case summary. Is there a minimum level of compensation for workplace privacy claims following the misuse and disclosure of an individual's personal data? No, held the...

Communicating a Dismissal

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 Thanks to  John Cook  of Cook Solicitors, for preparing this case summary. Can a dismissal be implied by the inaction of an agency employer to find work for its employee? No, held the EAT in  Sandle v Adecco . The employee was...

TUPE: Service provision change-activities remaining the same

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 Thanks to  Emily Gordon Walker  of Outer Temple Chambers for preparing this case summary Did the employment judge err in his interpretation of “activities” under regulation 3(1)(b) TUPE and/or by applying a test of...

Holiday Pay and Commission - British Gas v Lock

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[Thanks to Rachel Farr of Taylor Wessing for sending me the transcript of the judgment]  The Court of Appeal has handed down its decision in  British Gas v Lock .  It is an important case on the calculation of holiday pay, not that it says...

Judicial Assessments of Tribunal Cases

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The President of the Employment Tribunals, Judge Brian Doyle, has issued an important protocol for judicial assessment by Judges in employment tribunals. Judicial assessment is an informal assessment by a Judge, typically (but not necessarily) during a...

Discrimination: Justification

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 Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary. In a case of ‘discrimination arising’ under s.15 Equality Act 2010, it sufficient to show that the policy from which unfavourable...

1st October Changes

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1st October (along with 1st April) is the date when many employment law legislative changes are introduced. We don't have any major changes due tomorrow (we were expecting the Gender Pay Gap Regulations to come into force, but that has been pushed back...

Inquiry of Corporate Governance

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The House of Commons' Business, Innovation and Skills Committee has launched an inquiry on corporate governance. The points of interest to employment lawyers and HR professionals include a focus on:- • executive pay • directors duties •...

Acas Early Conciliation

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Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary. Does an Acas Early Conciliation certificate only apply to matters that have taken place before the certificate is issued? No, held the EAT in  Compass Group v Morgan . ...

Michael Lambe

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Readers will be saddened to learn of the death of Michael Lambe, who died on 2 August 2016 in hospital in Belfast.  Many of you will have known Michael from his time as the Employment Law Caseworker at the Free Representation Unit, where he represented...

Costs and Allegations of Bias

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 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary. Does an employment tribunal urging a claimant to focus on whether certain of his claims had any prospect of success, and whether his claim was...

Unfair Dismissal: Extension of Time

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 Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary Does intervention by the Solicitors' Regulation Authority ('SRA') make it not reasonably practicable to present a claim in time? Not on the facts...

TUPE: Service Provision Change

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary When a Council-tendered 'park and ride' service closed after a competitor set up at the site, was there a service provision change? No, held the EAT in  C...

Reasonable Adjustments

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary. Can the duty to make reasonable adjustments for a disabled employee extend to continuing to pay a higher salary when an employee is moved to a lesser role? Yes, holds...

Territorial Jurisdiction

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 Thanks to  Sarah Fitzpatrick  of Collingwood Legal for preparing this case summary. Was an employee who worked abroad for a British company, under a contract of employment governed by English law, which required a notional deduction for UK...

Compensation-Seeking Job Applicants Excluded from Discrimination Protection

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 Thanks to  Karen Jackson  of didlaw for preparing this case summary Do the provisions of the  Equal Treatment Directive (2000/78/EC)  apply to a job applicant who is purely seeking compensation? No,...

Changes to Taxation of Termination Payments

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HM Revenue & Customs has published draft legislation changing the taxation of termination payments, intended to come into force April 2018. The main changes are:- • make all PILONs (payments in lieu of notice) taxable, even if   ...

Striking Out

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 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. ​ Is it appropriate to strike out a party's case due to the manner in which it has conducted proceedings? In exceptional circumstances...

Tribunal Rules Procedure for Rejecting a Claim

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Does an employment tribunal have the legal power to reject a claim under rule 12(1)(b) of the  Employment Tribunals (Constitution and Rules of Procedure) Regulations  2013 without a hearing when it is presented with an ET1 form which...

Fee Paid Judicial Pension Scheme

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The Ministry of Justice has announced a delay in the implementation of the new judicial pension scheme for fee paid (part-time) Judges. Read its statement  here ....

Indirect Sex Discrimination

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Does the employment tribunal have to weigh the legitimate business aims of the employer against the provision criterion or practice (PCP) when determining justification for the discriminatory effect? Yes, held the EAT  XC Trains Ltd v CD and Aslef...

Owen Smith sets out Manifesto Employment Rights

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Labour Leader challenger Owen Smith has published his  workplace manifesto  (scroll down to read the pledges) containing 25 pledges to improve worker rights. They include:-  • abolition of fees for employment tribunals • employment...

Whistleblowing: Definition of 'Worker'

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 Thanks to  James Medhurst  of Hill Hofstetter for preparing this case summary. Can an agency worker bring a whistleblowing claim against the end user? Usually, held the EAT in  McTigue v University Hospital Bristol .  The...

Victimisation: Knowledge of Protected Disclosure

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Is it automatically unfair to dismiss someone under s 103A ERA 1996 for making a protected disclosure if the person who made the decision to dismiss had incomplete knowledge of the protected disclosure, and was deliberately misled by senior management that...

Carrying over Paid Annual Leave when Sick

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Thanks to  Karen Jackson  of didlaw for preparing this case summary If sickness prevents a worker from taking annual leave, can the leave be carried forward? Yes, reaffirmed the ECJ in  Sobczyszyn v Skola Podstawowa w Rzeplinie , in a case...

Subconscious Direct Discrimination

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Thanks to Karen Jackson of didlaw for preparing this case summary Is failing to address, or make a finding, in relation to subconscious or unconscious discrimination an error of law? Sometimes, held the EAT in Geller v Yeshurun Hebrew Congregation . A...

Protected Conversations

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can the privilege that covers 'protected conversations' under section 111A ERA be waived? No, held the EAT giving the first appellate judgment on 'protected...

Discrimination: Work Placements

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 Thanks to  Will Young  of Outer Temple Chambers for preparing this case summary Does section 56(5) of the Equality Act 2010 prevent a claim being brought in the employment tribunal against the provider of vocational training in respect of...

Equal Pay Claims: No Power to stay Claims in Employment Tribunal

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 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Should the Asda equal pay claims in the employment tribunal be stayed, in effect compelling the Claimants to pursue High Court proceedings? No, held...

Abuse of migrant Workers not Unlawful Discrimination

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Does abuse of migrant domestic workers, on grounds of their status as vulnerable migrants, amount to unlawful discrimination? No, held the Supreme Court in an  important judgment ( Taiwo v Olaigbe and another and Onu  v Akwiwu and...

Acas Code does not apply to Ill Health Dismissals

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 Thanks to Jamie Anderson of Trinity Chambers for preparing this case summary Does the Acas Code of Practice on Disciplinary and Grievance Procedures apply to ill health dismissals? No it does not, held the EAT in  Holmes v QinetiQ . ...

Employment Tribunal Fees Review

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The House of Common Justice Committee has published its  review into Court and Tribunal Fees .  Note this is not the government review which was completed in 2015 but has not been published, about which the report is deeply critical at...

Supreme Court: Reinstatement after Unfair Dismissal

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 Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Before making an order for reinstatement, does an employment tribunal have to be satisfied that reinstatement would be acceptable to both parties? No, held the...

Unfair Dismissal: Procedure and Polkey

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 Thanks to James Medhurst of Hill Hofstetter for preparing this case summary Can a dismissal be found to be procedurally unfair without specifying the breach of procedure? No, held the EAT in  Express Medicals v O'Donnell . The...

TUPE: Service Provision Change

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 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary For a service provision change TUPE transfer, there must have been, prior to the change, an organised grouping of employees, the principal purpose of...

Age Discrimination and National Minimum Wage

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The House of Commons library has produced a  debate pack  (ie briefing note for MPs) on the interaction between bands of the national minimum wage and age discrimination. It is intended to inform intelligent discussion in a forthcoming Westminster...

Consultation: Changes to IR35 in the public sector

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HMRC has issued a  consultation document . It proposes that where individuals offer services to public sector 'employers' through an intermediary, such as a limited company, it will become the public body's responsibility to operate the...

Muslims, headscarfs and direct discrimination

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 Thanks to  Miranda de Savorgnani  of Outer Temple Chambers for preparing this case summary Is it direct discrimination for a private employer to prohibit a Muslim employee from wearing a headscarf in the workplace? Not if the prohibition...

Discrimination: provision criterion or practice

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 Thanks to James Medhurst of Hill Hofstetter for preparing this case summary Does an employee have to be forced to do something for it to be a provision, criterion or practice? No, held the EAT in  Carreras v United First Partners...

WTR Rest Breaks - No Injury to Feelings Award

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can a worker claim compensation for injury to feelings if not allowed rest breaks under the WTR? No, held the EAT in  Santos Gomes v Higher Level Care Ltd ,...

New Acas research paper

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 Thanks to Laurie Anstis for permission to reproduce the content of his blog  Work/Life/Law ACAS has just published a  lengthy research paper  on the effect of its conciliation processes in employment tribunal claims. There is an...

Indirect religious discrimination

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Was it indirect religious discrimination to dismiss a teacher for refusing to leave her husband after his conviction for sex offences? Yes, held the EAT on the facts...

Definition of Employee

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 Thanks to  Gus Baker , pupil barrister of Outer Temple Chambers, for preparing this case summary Can an employment tribunal take account of the absence of mutuality of obligation when deciding whether an individual is an employee for the...

Civil Restraint Orders

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According to the High Court in  National Midwifery Council v Harrold , it would be desirable for employment tribunals - when they make decisions in weak claims - to consider, and make a finding on whether the claim (or application) is Totally Without...

Territorial Jurisdiction: Equality Act

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 Thanks to James Medhurst of Hill Hofstetter for preparing this case summary Is the territorial jurisdiction of the Equality Act 2010 the same as the territorial jurisdiction for unfair dismissal? Yes, held the Court of Appeal in ...

Meaning of Philosophical Belief

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is a belief that public service is improperly wasteful of money protected as a ‘philosophical belief’ under the Equality Act 2010? Potentially, yes, held...

Repudiatory Breach by Employer

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 Thanks to  James English  of Hempsons solicitors for preparing this case summary Does an employee's willingness to negotiate a termination package prevent a claim of constructive dismissal? No, held the High Court in  Gibbs v...

Consultation on Tipping

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The Government has launched a  consultation  on its proposals to secure a fairer deal for workers. The consultation paper reflects the evidence received from consumer, worker and employer groups, and sets out the Government’s proposals for...

Trade Union Bill receives Royal Assent and becomes Trade Union Act

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The  Trade Union Bill  received Royal Assent today and becomes the Trade Union Act. Key provisions are:- - requirement for at least 50% turnout in votes for industrial action - in certain public services, including in the health, education,...

Government To Investigate Non-Compete Clauses

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The Government is launching a call for evidence asking for views on non-compete clauses. These are often seen in employment contracts and can prevent individuals from competing against their former employer or working for a competitor for a set...

Article 8 (right to privacy) not engaged by employer investigating emails

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 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary When an employer investigated an employee's emails to a work colleague, was Article 8 of the European Convention on Human Rights (right to privacy)...

Incorporation of Terms: When Staff Handbook Absence Policy is Contractual

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is an absence management policy in a Staff Handbook 'apt for incorporation' into employee contracts? Yes, held the Court of Appeal, on the facts in ...

Employment Agency Amendments Regulations

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The conduct of employment agencies and businesses is governed by (amongst other things)  The Conduct of Employment Agencies and Employment Businesses Regulations 2003 . From 8 May 2016, these are amended by the newly published  The Conduct of...

Enforcement of Tribunal Awards and Settlements

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The Department of Business, Innovation and Skills has published its  form for claiming penalties  from employers for non-payment of tribunal awards or settlements. Under the new s37A to 37Q of the Employment Tribunals Act, a Claimant who has not...

Acas Early Conciliation: what is a 'month'?

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary When the time limit for an employment tribunal claim is extended by a month (under s207B ERA 1996) after Acas Early Conciliation, does the extension run following the...

TUC Publishes advice on Legal Implication of Brexit

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The TUC has published a  66-page Advice  by Michael Ford QC on the potential impact of Brexit on employment and health & safety laws. It's an impressive piece of research. Anyone interested should probably read the summary at the end...

Christian Proselytising and Discrimination

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 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Was disciplinary action against an employee for improperly promoting Christianity to a junior colleague unlawful religious discrimination? No, held the...

Protected Disclosure - Information v Allegation

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Does the distinction between 'information' (which can be a qualifying disclosure) v an 'allegation' (which cannot) remain good law? No, held the Employment Appeal Tribunal in  Kilraine v London Borough of Wandsworth . The Claimant, an...

National Minimum (and Living) Wage

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The Department for Business, Innovation and Skills has issued a new 55-page booklet on  Calculating the Minimum Wage . It covers how to calculate the minimum wage, what counts as pay, what hours needs to be counted, and how to enforce the national...

Restrictive Covenants

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Thanks to  Miranda de Savorgnani  of Outer Temple Chambers for preparing this case summary In  Bartholomews Agri Food v Thornton , the High Court resoundingly rejected the reasonableness of a restrictive covenant in an employment contract on...

Discrimination Claims against Qualification Bodies can be brought in the ET

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 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Do employment tribunals have jurisdiction to hear discrimination claims against qualification bodies such as the GMC? Yes, held the Court of Appeal...

Consultation: Pension Losses in Employment Tribunals

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Over the last few years, the (excellent) 2003 booklet on Compensation for Loss of Pension Rights in the Employment Tribunals has become increasingly out of date. The President of the Employment Tribunals has issued a  consultation paper  on...

Protected Disclosures: Rarely appropriate to strike out on 'public interest' grounds

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can a complaint about an individual employee's cramped working conditions be a protected disclosure for 'whistleblowing' purposes? Yes, held the EAT...

Disability: No Imputed Knowledge

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 Thanks to  Karen Jackson  of didlaw for preparing this case summary Can knowledge by Occupational Health of a disability be imputed to the employer? No, held the EAT in  Gallop v Newport City Council . The EAT found, following the...

'Pulling a Sickie'

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With great aplomb, in  Metroline West v Ajaj , the EAT has held that 'pulling a sickie' is dishonest and a fundamental breach of contract. Mr Ajaj was a bus driver. He wrongly claimed to be more sick than he was, and surveillance evidence...

Breaking News: Budget

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Chancellor George Osborne has announced that from 2018, termination payments over £30,000 will be subject to employer's national insurance contributions (under £30,000 is currently free of tax). BBC Budget at a Glance ...

Whistleblowing: Who is 'Protected'?

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary If a junior doctor makes a disclosure to an organisation that arranges his placements at the hospital which employs him, is that a 'protected disclosure' under...

Late Application For Reconsideration

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 Thanks to  Jennifer Danvers  of Cloisters for preparing this case summary. Is it an error of law to allow a late application for reconsideration without giving a Respondent a chance to make representations? Yes (unsurprisingly), held the...

Salary Sacrifice schemes can be discontinued during maternity leave

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 Thanks to  Karen Jackson  of didlaw for preparing this case summary Is it discriminatory to discontinue childcare vouchers during maternity leave? No, held the EAT in  Peninsula Business Services v Donaldson . Women on maternity...

Annual Compensation Limit Increases

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BIS has made  The Employment Rights (Increase of Limits) Order 2016 , containing the annual increases in compensation payments, before Parliament. It applies to dismissals (or detriments, etc) occurring on or after 6 April 2016. The main changes (and...

EHRC on Discriminatory Advertising

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The Equality and Human Rights Commission has published new guides on advertising, for organisations who advertise jobs or services. They include some guidance, a checklist and an FAQ document. They're written in plain English,...

Supreme court re-examines vicarious liability

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 Thanks to Angharad Davies of St. Pauls Chambers for preparing this case summary What sort of relationship has to exist between an individual and a Defendant before the Defendant can be made vicariously liable in tort for the conduct of that...

Employment Tribunal Fees

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The Supreme Court has, this morning,  granted permission  to Unison to appeal the  Court of Appeal's decision  rejecting Unison's judicial review of the employment tribunal fee regime....

Tribunals' Annual Report

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The Senior President of the Tribunals has published his Annual Report. The following points are relevant to employment practitioners:-   - last year was the 50th anniversary of the establishment of employment tribunals; - at pages 97-100 of the...

Holiday Pay: Full Lock Decision available

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Thanks to  Karen Jackson  of didlaw for preparing this case summary Can domestic legislation be interpreted in a way which conforms to EU law on holiday pay? Yes, held the EAT in  Lock v British Gas , upholding the submissions of UNISON...

Employment Tribunal Postponements

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Thanks to  Naomi Cunningham  of Outer Temple Chambers In January 2015, the Government published a  consultation on proposed amendments to the Employment Tribunal Rules of Procedure  to do the following: - limit the number of...

Appeal documents cannot be lodged using Dropbox link

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 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Can a notice of appeal to the EAT be lodged by sending a link to a Dropbox document? No, held the EAT in  Majekodunmi v City Facilities Management ,...

Reasonableness of Lay-Off Period

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Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Is an express power to lay off subject to an implied term of reasonableness? No, held the EAT in  Craig v Bob Lindfield & Sons . Mr Craig's...

Important: Gender Pay Reporting

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The Government has published the draft  The Equality Act (Gender Pay Gap Information) Regulations 2016 . Now intended to come into force in October 2016 (with the first reports to be published in April 2017), the draft Regulations set out the framework...

TUPE

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Who hates TUPE? Raise your hand now… In  Mustafa v Trek Highway Services , the Employment Appeal Tribunal has ruled on an appeal which was - essentially - a case turning on its own facts. But it’s a good decision to read if you’re a...

Apprentice Levy

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The Government has published the  draft legislation introducing the apprenticeship levy , expected to come into force in April 2017. The levy is on UK employers to fund new apprenticeships. The levy will be charged at a rate of 0.5% of an...

disability Discrimination: Meaning of 'Day to Day' Activities

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 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Are 'warehouse operations', such as manually lifting and moving cases of up to 25 kg, 'normal day-to-day activities' for the purposes of disability under...

Whistleblowing - Prescribed People

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A qualifying disclosure will normally be protected, for whistleblowing purposes, if made to the employer. It will also be protected if made to a 'prescribed person' and is within their remit, and if the information disclosed within it is...

Upper Tribunal holds damages for injury for feelings are taxable

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 Thanks to  James English  of Hempsons solicitors for preparing this case summary Is a payment in respect of injury to feelings made on the termination of employment subject to tax? Yes, held the Tax and Chancery Chamber of the Upper...

Acas Early Conciliation

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 Thanks to  Jamie Anderson  of Trinity Chambers for preparing this case summary Is an employment tribunal prevented from adding a Respondent to proceedings where the Respondent being added is not named on the Early Conciliation certificate? ...

National Living / Minimum Wage

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The National Minimum Wage (Amendment) Regulations 2016  have been made, and come into force on 1 April 2016. They make it clear - if there was ever any doubt - that the 'National Living Wage' for over-25 year olds promised by the Government...

Acas Early Conciliation

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 Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary Does an error in the identification of a Respondent in an Acas early conciliation certificate prevent the employment tribunal from accepting a claim? No, held...

EAT Practice Direction

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The Employment Appeal Tribunal wishes to remind advocates about the  July 2015 Practice Direction . In particular, advocates' attention is drawn to the section on Notices of Appeal, and the rule that the grounds of appeal should normally be no more...

Police Misconduct Panels Immune from Discrimination Claims

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 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Can a police officer bring a claim against a Police Misconduct Board for discriminating against her? No, held the Court of Appeal in  P v The...

Unpaid Awards and Settlements - Penalty Notices

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According to a written answer in  Hansard , the Government is intending to bring the new 'unpaid award penalties' into force from April 2016. Contained in the new  ss37A-37Q of the Employment Tribunals Act 1996 , the Government will issue...

Interim Briggs Report Published

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Lord Justice Briggs has published his  interim report  on the civil courts structure. In paragraphs 11.8 to 11.18, he tentatively recommends that ETs and the EAT be moved within the civil court structure (rather than staying where they are,...

Case Management Orders

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 Thanks to  Andrew Smith  of Matrix Chambers for preparing this case summary When may an Employment Tribunal vary a case management order? Rarely, holds the EAT in  Serco Ltd v Wells . An Employment Judge had made an order listing a...

Monitoring Employees' Use of The Internet

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Is the right to respect for private life and correspondence breached if employers monitor employees' personal communications at work? No, subject to reasonableness/proportionality, according to the European Court of Human Rights in  Barbulescu v...

Zero Hour Contracts

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At last, some real protection has been introduced for zero hour contract workers. In force today,  The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015  provide that:-   - any dismissal of a zero hour contract employee...

Territorial Jurisdiction: Seafarers

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[Thanks to Benjamin Jones, pupil barrister at Littleton Chambers, for preparing this case summary.] Do British seafarers employed on ships operating wholly or principally outside of UK territorial waters “ordinarily work in Great Britain under their...

New Resources

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There are some useful resources, just published, which some practitioners may find interesting/helpful. First, a House of Commons Briefing Paper on  Whistleblowing and Gagging Clauses.   It's remarkably good, particularly on the public...