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Unfair Dismissal: Reasonable Investigations

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Does the inclusion of incidents in an investigatory report which did not result in disciplinary action render a dismissal unfair? Not usually, held Lady Wise in  NHS 24 v Pillar . P was a Nurse Practitioner employed to triage patient calls. In 2013...

Miscellaneous Update

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An assortment of employment law miscellanea… 1. The ‘gay cake’ appeal to the Supreme Court,  Lee v Ashers Bakery , has had its hearing pushed back from this month to May 2018. 2. Two new reports on flexible work have been issued,...

Worker Status

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Most readers will be aware that yesterday an employment tribunal ruled that Addison Lee drivers are workers, not self-employed. The  judgment  is here. Meanwhile, Uber's appeal against the decision that its drivers are workers begins tomorrow...

Changes to how the Insolvency Service Calculates Holiday Pay

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The Insolvency Service pays holiday pay (along with notice pay and redundancy pay, all subject to various caps) to employees whose employers are insolvent. It has announced that it will be changing the way it calculates holiday pay to include...

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...

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