Employment Law Vault

According to  this report in yesterday’s Guardian , the Labour party has drafted a Race Equality Bill which extends equal pay rights to BAME and disabled workers. At the moment, the equal pay regime only applies on grounds of sex. This is...

Was an employment tribunal right to strike-out a claim on the basis that the Claimant’s conduct meant that a fair trial was not possible? No, held the EAT, on the facts of  Hargreaves v Evolve Housing & Support and another . The Claimant...

Is it unlawful age discrimination to change the rules of a Long Term Incentive Plan to only benefit employees who remained employed at the date that the change was made? No, held the EAT in  Fasano v Reckitt Benckiser Group (1) and Reckitt Benckiser...

Mark Lewis, the Employment Tribunals Service Manager has issued the following update for professional representatives in the employment tribunal: - From tomorrow, the MyHMCTS portal will allow ET3 submission for all types of cases for professionally...

Can liability for harassment transfer under TUPE, where the harasser transfers under TUPE and the Claimant was not employed at the point of the transfer? No, held the EAT in  Moore v Sean Pong Tyres . The Claimant claimed constructive dismissal and...

Did an employment tribunal act perversely in refusing an extension of time in a discrimination case where the Respondent had not told the Claimant the race of his comparator? No, held the EAT in  Jones v Secretary of State for Health and Social Care ...

Can the definition of ‘worker’ be extended on human rights grounds to cover external job candidates as whistleblowers? No, held the EAT in  Sullivan v Isle of Wight Council .  The Claimant applied, unsuccessfully, for work at the...

His Majesty’s Courts and Tribunals service has asked us to issue this notice: Please be aware that Employment Tribunal online services will be subject to a planned upgrade on Wednesday 24th January at 20:00 , with services being restored by Thursday...

Did an employment tribunal in a whistleblowing unfair dismissal claim have to give reasons as to why they discounted certain dates of knowledge, put forward in evidence by the decision-maker, in favour of one which fell after the date of the dismissal? No,...

Could a tribunal's decision that a Claimant had not been victimised stand where it had erred in concluding that the alleged act of victimisation had not occurred? Yes, held the EAT in Toure v Ken Wilkins Print . The Claimant was employed as a forklift...