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ET Fees Refund Scheme

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Have you booked a place on HR Secrets?  If not, scroll down... The pilot scheme for ET Fees Refunds has now finished, and the Refund Scheme has opened to everybody to apply for a refund if they paid fees in respect of a tribunal claim (or appeal)...

Failure to Evidence Right to Work does not mean employment is a contravention of statute

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Can dismissing an employee who isn't subject to immigration control, but can't provide documentary proof, be fair under s98(2)(d)  Employment Rights Act , for contravening a restriction imposed by an enactment? No, held the EAT in  Baker v...

Newsflash: Uber Decision in the EAT

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The Employment Appeal Tribunal has just handed down its decision in the Uber decision, upholding the  employment tribunal's ruling  that Uber drivers are 'workers' and thus qualify for workers' rights. More to follow......

Working Time: Workers can work 12 consecutive days without a Weekly Rest Break

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Does the  EU Working Time Directive  allow for weekly rest for a worker of 24 hours to be given at any point in a 14-day period? Yes, held the European Court of Justice in  Maio Marques da Rosa v Varzim Sol . The case arose from a redundant...

Worker Status: Uber Drivers are 'Workers'

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Did the tribunal disregard the basic principles of agency law when finding that Uber drivers were workers? No, held the EAT in  Uber BV v Aslam . The EAT agreed with the tribunal that when the Uber app was switched on, Uber drivers were workers for the...

Pensions: Part Time Workers & Comparators

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Was it an error of law for a tribunal to adopt 'wholesale' the Respondent's submissions in its judgment in this part-time pension case? No, held the EAT in  Dr Parker v MDU Services Ltd. The EAT held the "degree of copying and...

Employment Tribunal can hear discrimination complaints by a doctor against the GMC

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Can employment tribunals hear discrimination claims against qualification bodies such as the GMC? Yes, held the Supreme Court in  Michalak v General Medical Council . Dr Michalak was found to have been unfairly dismissed by the NHS Trust that had...

Failure to conduct Risk Assessment for Breastfeeding Mother

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Is a failure to conduct an appropriate risk assessment for a breastfeeding employee sex discrimination? Yes, held the CJEU in  Otero Ramos v Servicio Galego de Saude. The Claimant was a nurse working in a hospital's accident and emergency unit....

Mental Health At Work

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An independent review on how employers can better support the mental health of employees, including those with mental health problems or poor well-being, has been published today. The Stevenson/Farmer review,  Thriving At Work , contains 40...

Police can bring discrimination claims if they are dismissed by a police misconduct panel

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Can a police officer bring a claim against a police misconduct panel for discriminating against her? Yes, held the Supreme Court in  P v Metropolitan Police. The Claimant, a serving Police Officer, suffered post-traumatic stress disorder (PTSD) as a...

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