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...
[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. ...
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...
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...
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 ...
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...
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...
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...
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...
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...
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...
[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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
[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...
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...
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 (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...
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 •...
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 . ...
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...
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...
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...
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...
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...
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...
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,...
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 ...
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...
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...
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 ....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 . ...
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...
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...
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...
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...
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...
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...
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...
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...
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 ,...
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...
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...
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...
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...
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 ...
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...
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...
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...
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,...
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...
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)...
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 ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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...
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...
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...
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,...
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...
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....
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...
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...
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...
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 ,...
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...
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...
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...
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...
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...
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...
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...
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? ...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
[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...
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...