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CJEU: Venue for contractual disputes by air crew

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Is the nomination of a "home base" for air crew the deciding factor in establishing the place of habitual work for jurisdiction purposes? No, held the CJEU in the joined cases of  Nogueira andOrs v Crewlink and Osacar v Ryanair. ...

Acas Early Conciliation

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Does the rule requiring a separate early conciliation form for each respondent to a claim mean that the early conciliation certificate is invalid if has been issued notwithstanding a breach of that rule? No, held the EAT in  De Mota v (1) ADR Network...

AG Opinion: Collective Redundancies May not Justify Dismissal of Pregnant Worker

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Under European law, is a collective redundancy an 'exceptional case' permitting the dismissal of a pregnant worker? Not always - is the opinion of Advocate-General Sharpton, in  Guisado v Bankia SA  - there must be no plausible...

Employment Tribunal Fees

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  Employment Tribunal Fees I rarely report employment tribunal decisions, but fees are so 'current' at the moment, I thought I'd report some recent cases of interest. 1. In  A v B , Employment Judge Brain at the Sheffield Tribunal...

Presidential Guidance on Making A Statutory Appeal

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The Employment Tribunal Presidents for England & Wales and Scotland have issued a  Joint Presidential Guidance on Making Statutory Appeals. It attaches, as appendices, model (but non-compulsory) appeal forms to use when invoking some of the...

Employment Tribunal Fees - House of Commons Questions

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Yesterday in Parliament, the Minister of State for Courts & Justice, Dominic Raab, answered various questions on employment tribunal fees. His tone was apologetic towards those who had been prevented from bringing claims and, most importantly, there was...

Monitoring workers' emails

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Remember the 2016 ECHR decision in  Barbulescu v Romania , which said that a Romanian employer acted lawfully when it monitored an employee's Yahoo messenger account? Something unusual has happened.  There has been an appeal from the Chamber...

Acas guidance on supporting parents with ill or premature babies

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New advice has been  published today  to assist employers in supporting staff who have given birth to premature or ill babies. Acas’ advice for employers includes: • being compassionate and sensitive in all communication; • being...

New 'Vento' bands following consultation

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The Presidents of the Employment Tribunal in England & Wales, and Scotland have released a  Joint Response  to the  Vento Bands Consultation. The full rationale for the response is set out in the document, but the upshot is the new bands...

Asda Equal Pay Claims: Comparability

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The EAT has ruled in  Asda S tores Ltd v Mrs S Bierley and others that claimants who work in Asda’s retail stores can compare themselves with higher paid men who work in distribution centres. Mr Justice Kerr decided that:   Article...

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