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Tribunal Statistics

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The MOJ has published the  tribunal statistics  for April to June 2018. Here are the key figures: number of single claims lodged increased by 165% compared with the same quarter last year. Tribunal fees were abolished in July 2017, so this is a...

Disability Discrimination: Establishing Disability

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Can an employee prove disability without leading evidence on the impact of his impairment on normal day to day activities? Does an employer have constructive knowledge of disability if an employee has denied having one? No, and not on these facts, held the...

TUPE: Removal of Unjustified Travel Allowance not Void

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Is the removal by an employer of an 'outdated and unjustified' contractual allowance void under TUPE when it comes after a transfer? No, held the EAT in  Tabberer v Mears Ltd , dismissing the Claimants' appeal. The Claimants were...

Parental Bereavement (Leave and Pay) Act 2018

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The  Parental Bereavement (Leave and Pay) Act 2018  has received Royal Assent. It provides a right to two weeks of time away from work for those employees who have lost a child under 18. All the detail will appear in supporting Regulations (not...

Employment Status: Salaried Partners

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Was it permissible to consider a partnership agreement as the starting point when assessing whether a solicitor was an employee or a partner? Yes, held the EAT in  Morrison v Aberdein Considine & Co. The Claimant, a solicitor in a law firm,...

Public Concern At Work changes its name

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The whistleblower’s charity, Public Concern At Work, has changed its name to  Protect . The charity, which celebrates its 25th anniversary this year, provides confidential advice to individuals who have witnessed wrongdoing in their...

Notice

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Does giving notice amount to an unambiguous act of resignation? Not necessarily, held the EAT in  East Kent Hospitals University NHS Foundation Trust v Levy. The claimant worked as an Administrative assistant in the trust's records department and...

Disability Discrimination

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Did a poorly handled ill-health retirement procedure amount to disability discrimination? No, held the Court of Appeal in  Dunn v Secretary of State for Justice and anor . Mr Dunn was a prison inspector employed by the Ministry of Justice. He became...

New Acas Guidance - Employment References

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Acas have just released  new guidance  on employment references. Tom Neil, an Acas Senior Adviser, said:  "The job market can be very competitive so it is vitally important for job applicants and employers to know what the legal...

Costs

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When considering a wasted costs order, can a tribunal decide if representatives have breached their duty to the tribunal without considering evidence? No, held the EAT in  KL Law v Wincanton , overturning a wasted costs order. The Claimant had not...

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