In  Seldon v Clarkson Wright & James , a firm of solicitors had a provision in their Partnership Agreement which required partners to resign at 65 (although they could be kept on by agreement). The claimant alleged that this was age discrimination. ...

The Court of Appeal has, today, overturned the EAT's decision in  English v Thomas Sanderson Ltd . (see bulletin 20/2/08 for EAT decision). By a majority, the Court of Appeal held that the Sexual Orientation Regulations 2003 DO protect a...

We all know the strict Abdelghafar rule against extending the 42-day time limit for appealing to the EAT. But what about the 28-day time limit that an Appellant has to apply for a r3(10) hearing if his/her appeal is rejected under r3(7)? Is it the strict...

The EAT has, in  Tradition Securities & Futures SA v Fariad , held that a restricted reporting order (‘RRO’) prohibiting the naming of the Claimants in relation to allegations of sexual misconduct can be varied in order to permit naming...

The annual increase in compensation limits has just been published (for dismissals and other trigger events occurring after 1st February 2009). The key increases are: compensatory award: £63,000 to £66,200 a 'week's pay':...

The House of Lords has refused permission to appeal in the important case of  Allen v GMB  (for the Court of Appeal's decision, see bulletin 16/7/08). The Court of Appeal restored the employment tribunal's finding that the GMB had...

The fourth edition of the  Law Society Handbook on Employment Law , which I  co-write with Henry Scrope , is out today. If you fancy buying a copy (£59.95), the best place is via  Amazon.co.uk  (who don't charge the normal...

Elias P. has held, in  Blue Chip Trading Ltd v Helbawi , that a breach of conditions imposed by a student working visa was not sufficient to render the whole employment contract illegal so as to a defeat a claim under the National Minimum Wage Act 1998....

The government has, this morning, launched a consultation on proposed amendments to the minimum wage legislation. Currently, where tips and gratuities are given directly to workers by customers and are retained by the workers without any other party being...

In the conjoined appeals of  Telindus Ltd v Brading and Sheffield Forgemasters International Ltd v Fox , the EAT (Silber J presiding) held that the mere fact a claimant received incapacity benefits for a period did not preclude him from recovering...

City & County of Swansea v Honey  is a rare example of the EAT assenting to a bias appeal. The judgment contains comments of some importance to the probity of wing members sitting on cases involving employers in the same area of industry as the...

The eagerly awaited revised Acas Code of Practice on Disciplinary and Grievance Procedures has been published this afternoon. It comes into effect on 6th April 2009, when the statutory dismissal and grievance procedures are abolished. An unreasonable failure...

In three conjoined appeals under the name  Arnold & ors v Sandwell MBC , the EAT has revisited the question of what detail is necessary to identify “the complaint” in a grievance concerning the Equal Pay Act 1970. Departing from the EAT...

The EAT has, in  Live Nations (Venues) UK Ltd v Hussain , given some guidance as to conduct which may justify a finding of age discrimination: an employer that genuinely believes employee 'A' is guilty of age discrimination against employee...

The EAT has held, in  Saini v All Saints Haque Centre , that Regulation 5(1)(b) of the Employment Equality (Religion or Belief) Regulations 2003 will be breached not only where an employee is harassed on the grounds that he holds certain religious...

In  Commissionaires Management v Hughes , a case dealing with several aspects of rest breaks under the Working Time Regulations 1998, the EAT has held:-   that an employee is only entitled to one rest break once he has worked more than six hours;...

The Court of Appeal has handed down its decision in Dickens v O2 plc, dismissing O2’s appeal against the trial judge’s finding that O2 was liable for stress induced personal injury suffered by one of its employees. Whilst purporting to...

The Information Commissioner's Office has ruled that the identity of all Respondents to employment tribunal cases has to be disclosed by the Department for Business, Enterprise and Regulatory Reform (BERR), the government department responsible for...

[Thanks to Louise Jones of 1 Temple Gardens for providing this summary] The ECJ has held, in  Bartsch v Bosch , that where there is no link with Community law, it is not mandatory for a Member State to apply the prohibition against age...

The EAT's decision this week in  Grosvenor v Aylesford School  is notable simply for its bizarre facts (paras. 10-14), as well as the comment that teachers who remove their clothing on a school coach might find themselves facing a reduction in...

The EAT has held, in  RBS v Harrison , that entitlement to parental leave under s.57A(1)(d) of the Employment Rights Act 1996 because of the unexpected disruption or termination of care arrangements for dependents, is not limited to last minute...

The EAT has held, in  DCSF v Fletcher , that a legal obligation limiting employment to 9 years is not - without more - enough to amount to 'justification' under the Fixed Term Employees (Prevention of Less Favourable) Treatment Regulations 2002....

Here are the main changes coming to employment law next month:   increase in  minimum wage  (to £5.73 for adults) women on additional maternity leave become entitled to the same terms and conditions of employment as when they were on...

The Advocate-General has handed down his opinion in  The Heyday Appeal . He recommends that the ECJ dismiss Age Concern's challenges to the lawfulness of regulations 3 and 30 of the Employment Equality (Age Discrimination) Regulations 2006.The...

The Employment Appeal Tribunal, in a judgment delivered by HHJ McMullen QC ( here ), has issued a robust reminder to practitioners about how the rule 3 sifting process works. It's worth reading - particularly for the cutting comments about the use of...

The President of the Employment Tribunals, HHJ Meeran QC, has issued a Practice Direction staying all claims which involve the question of when a director and majority shareholder of a company qualifies as an employee of that company. These claims will all...

In  Industry & Commerce Maintenance v Briffa , the employer gave Mr Briffa one week's notice of termination of his employment. It required him to take 4 days holiday in his last week to use up his outstanding entitlement. An employment tribunal...

I've just come across a fabulous guide (mentioned on Naomi Cunningham's blog) written by Tamara Lewis of the Central London Law Centre, called  The Claimant's Companion . It's a very practical, common-sense booklet for claimants in...

A newsflash which will affect many employment law practitioners with claims against the big investment banks... This morning in the US, Lehman Brothers announced it was filing for Chapter 11 bankruptcy, and Merrill Lynch have announced they are being...

Just in case anyone missed the announcement over the summer, Mr Justice Underhill has been announced as the next President of the EAT. He takes over from Elias P. with effect from January 2009....

In  Adey-Jones v O'Dowd, the EAT has considered the approach to calculating a compensatory award. Mrs O'Dowd worked in a care home run by Mrs Adey-Jones. A police investigation and internal disciplinary proceedings into suggestions that she...

The government has, this morning, launched a consultation to extend / revamp the right to request flexible working. The consultation will cover:   extending the right to request contract variations to parents with children under 16 (it is currently...

The QBD has handed down judgment in  Kynixa Ltd v Hines , a restrictive covenant case. Mr Hynes, Ms Preston and Ms Smith worked for Kynixa. All three left and went to work for a separate organisation with which Kynixia had dealings. None of the three...

A new Government drive to crack down on rogue employers who abuse vulnerable workers and undercut honest businesses is unveiled today. The strategy includes a single telephone helpline for vulnerable workers to report abuses to the Government's...

[Thanks to  Rachel Crasnow  of Cloisters for being the first to tell me about this case, and to www.emplaw.co.uk for allowing me to reproduce their summary.] This is the long and complex decision of the Court of Appeal in  Redcar...

The Court of Appeal has today overturned a line of EAT authorities on whether unreasonable delay in the statutory dismissal procedures makes the dismissal automatically unfair. In  Selvarajan v Wilmot , the employer took about four months to deal with...

The government has published its response to the consultation on the Equality Bill. It's long - 203 pages - but an executive summary appears between pages 4 and 12. Download Response document  (large .pdf file) [Thanks to Gaby Charing, policy...

The Tribunals Service has issued its  Annual Report  (note: this is all tribunals, not just employment tribunals). Key figures:   the number of ET applications received were 189,300 - 42% higher than expected due to the number of multiple...

[Thanks to  Paul Michell  of Cloisters, who acted for Mrs Coleman, for providing this summary] The ECJ has, this morning, published its landmark decision in Coleman v Attridge Law, in answer to questions posed of it by London South Employment...

[Thanks to John Bowers QC for telling this decision was imminent, and to Chris Quinn, who acted for the successful Appellants, for sending me a copy immediately upon it being handed down] The Court of Appeal has, this morning, handed down its...

The Court of Appeal has published its reasons in  Johns v Solent  (the decision was announced about a month ago, but the transcript has only just become available). The Court of Appeal confirmed that cases which raise the same issue as the Heyday...

The ECJ has ruled, in  Centrum voor gelijkheid van kansen en voor racismebestrijding v Firma Feryn , that discriminatory job advertisements amount to direct discrimination. Thus a job advert by a Belgian company stating that it did not employ...

The EAT has held that a statutory grievance is still a statutory grievance, even when the grievance itself states that it is not. The Claimant presented a grievance which expressly stated that it was informal, and that a failure to address it would result...

[Thanks to  Scott Halborg , who acted for the Appellant, for providing this summary.] The EAT has handed down its decision in  Howes v Hinckley Borough Council , which is authority for the propositions that:   New Victoria Hospital v Ryan,...

In Beasley v National Grid (bulletin 7/8/2007), the EAT upheld a tribunal's decision that an ET1 presented 88 seconds out of time was too late. The Court of Appeal has just upheld the EAT's decision (see  here ). Commenting at paragraph 12 that...

The government has published its  consultation paper  seeking views on amendments to the dispute resolution and other employment law matters. The matters under consultation include:-   extending the definition of a 'relevant...

The House of Lords has, yesterday, handed down a judgment overhauling the approach taken in disability discrimination cases. Whilst in the context of a housing case, it has substantial ramifications for employment practitioners.The speeches all consider the...

Harriet Harman (Equality Minister) has, this morning, announced that the forthcoming Equalities Bill will permit positive discrimination on grounds of sex and race. Details on the  BBC website . It will also, according to the  Sky News website ,...

The High Court, in  SG&R Valuation Service v Boudrais , has held that an employer will sometimes be entitled to force garden leave onto senior directors even when there is no such right in the contract. In this case, two directors resigned with the...

The High Court, in  SG&R Valuation Service v Boudrais , has held that an employer will sometimes be entitled to force garden leave onto senior directors even when there is no such right in the contract. In this case, two directors resigned with the...

The Ministry of Justice has, this afternoon, announced a review of no-win, no-fee funding in employment (as well as personal injury and defamation) cases. Stating that "we are aware of growing concerns that they may not always be operating in the...

I've been asked by www.emplaw.co.uk to mention their new search engine, ELISE. I've been using it for a couple of weeks, and it's fabulous; it scans all the relevant employment law sources and (in my view) knocks spots off all other...

In  Yorkshire Housing v Swanson , the EAT has held that a dismissal is automatically unfair when the employer delays unreasonably in following the statutory dismissal procedure. With "some unease" (para 67), the EAT stated that the delay...

This is an abridged version of a summary prepared by www.emplaw.co.uk to whom I extend my thanks The Court of Appeal has, yesterday, overturned the EAT's decision in  Haine v Day  (see bulletin 15/1/08 for EAT decision). Mr Haine...

Thanks to  Macroberts LLP , who acted for the Respondent, for preparing this summary. The Court of Session has, today, largely upheld that EAT’s decision in Cannop & Others –v- The Highland Council on the correlation...

An agreement within the EU Employment Council, announced this morning, will allow the UK to continue permitting employees to opt-out of the 48-hour maximum average working week. For the full press release, see here. Thanks to Eugenie Verney for...

Thanks to www.emplaw.co.uk for permission to use their case summary The BBC transferred its occupational health (OH) department to Capita as of 1 April 2006. The Claimant objected to being transferred. She resigned on 31 March 2006, stating...

[Thank to Louise Jones of 1 Temple Gardens for writing this summary] The EAT has again considered the meaning of 'detriment' in  Bayode v Chief Constable of Derbyshire . The Appellant police officer appealed to the EAT on whether...

The EAT has held (overturning previous caselaw) in Walton Centre for Neurology v. Bewley  that a woman's successor in a job cannot be used as a comparator for the purposes of an equal pay claim , either under the Equal Pay Act 1970 or Article...

Michael Duggan of Littleton Chambers has published the latest edition of his excellent case index. He has made it available to all - download it  here . NOTE: it is a large file - please try again later if it does not download immediately ...

The Employment Appeal Tribunal has issued a new (2008) Practice Direction dealing with EAT procedure, replacing the previous (2004) Practice Direction in its entirety. It came into force yesterday. Download it  here . Note that it is a large (3Mb)...

Thanks to Saul Margo of Outer Temple Chambers, who appeared for the successful employee, for writing this case summary. The EAT, in  St Ives Plymouth Limited v Haggerty , has considered whether the expectation of being given work,...

[Thanks to Anthony Johnson of 1 Temple Gardens for providing this case summary] In Collidge v. Freeport plc, handed down last week, the Court of Appeal unanimously upheld the High Court's decision that it was a condition precedent of...

The government, TUC and CBI have today agreed a deal which will see agency workers in the UK receive equal treatment after 12 weeks' employment. Details can be seen on the  government press release  or  BBC news item ....

The Ministry of Justice has today announced that the new Unified Tribunals Service will be going live on 3rd November 2008. Employment tribunals (and the EAT) will remain separate from the unified system, but closely associated with it (whatever that...

Thanks to Louise Jones of 1 Temple Gardens for providing this summary. In  Lincolnshire Police v Weaver , the EAT reaffirmed that employers can have regard to factors outside those of an individual employee when deciding whether an...

HHJ Peter Clark, in the EAT, has handed down a decision for those fighting over redundancy payments. In  Commission for Healthcare Audit & Inspection v Ward , the EAT considered the overlap between the suitability of alternative employment, and the...

This summary was prepared by, and is reproduced with permission of, www.emplaw.co.uk Yet another case concerning the statutory dispute procedures which, as pointed out by Lady Smith in the Scottish EAT in  Clyde Valley Housing Association v...

The EAT, sitting in Scotland, has handed down a controversial decision on uplifts to the compensatory award ( McKindless Group v McLaughlin ). The employer admitted breach of the statutory dismissal proceedings, and defended on quantum only. The...

What do Tony Blair and the Jehovah's Witnesses have in common? Well, according to the Claimant in  Johnson v Edwardian International Hotels , they conspired with his employer to dismiss him from his job as a hotel kitchen porter. The tribunal,...

Acas has launched a consultation on its proposed  revised Code of Practice on Discipline and Grievance . Under proposed changes to employment law due to take place in April 2009, a failure to follow the Code does not, in itself, make a person or...

The Court of Appeal has held by a 2:1 majority in  Towergate London Marketing v. Harris  that a claimant was entitled to an extension of time in accordance with Regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 in...

Last week we heard about the Respondent whose Response was struck out for threatening the Claimant in the tribunal car park. This week, things get even closer to home - a Respondent threatened a Claimant, using unpleasant and intimidating language, outside...

The EAT has held, in  Force One Utilities v Hatfield , that it is appropriate to strike out a Response when the employer's main witness threatens the Claimant at the tribunal. The Respondent's main witness threatened and swore at the Claimant...

Thanks to Katherine Apps of Littleton Chambers for writing this case summary The ECJ has handed down judgment in  Impact v Minister for Agriculture and Food (Ireland) . The case is important both for its ruling on the substantive law and...

Thanks to Anthony Johnson of 1 Temple Gardens for preparing this case summary. In  Dynamex Friction v. Amicus , the Court of Appeal held that in TUPE cases, when determining whether the reason for a dismissal was transfer-related or an...

In  Kuzel v Roche , handed down this morning, the Court of Appeal has comprehensively analysed the operation of the burden of proof in unfair dismissal claims. The EAT decision was considered in the Employment Law List bulletin 8/3/07. Noting "how...

Acas has, today, issued new advice to employers on how to spot signs of depression in the workplace. This comes in anticipation of Depression Awareness Week. It coincides with the publication of Acas's new booklet on  Health, Guide and...

The Court of Appeal has held that 'Unless' orders take effect without further action from the tribunal. So if a date passes under an 'Unless' order without the relevant party complying, the consequence (usually a strike-out) takes effect...

A different division of the EAT has agreed with Elias P.'s analysis in Clark v Clark Construction (see bulletin 29/2/08), setting out the guidance for whether a controlling shareholder of a company is also its employee. In  Neufeld v A&N...

The EAT, in  Martland v Cooperative Insurance Society , has considered whether a dismissal, when the workforce is immediately offered re-engagement on new terms and conditions of employment, amounts to a 'redundancy' dismissal (entitling the...

The application process for companies wishing to apply for a licence as a Sponsor under Tier 2 of the New Points Based System which will replace the existing work permit system has now started. The significance of this application process should not be...

The EAT has discharged a wasted costs order made against a firm of solicitors. During a tribunal case, the tribunal found that the "voluminous documentation" showed conclusively that the employee's case was "unsustainable", and that...

This is a list of British employment law related Statutory Instruments which come into force on 1st and 6th April 2008. This list is compiled by and reproduced with permission of www.emplaw.co.uk, which provides a page of dedicated deep links direct to...

Acas has announced an important change to its policy on conciliation. Until October 2004, Acas had a duty to offer conciliation in nearly all tribunal claims. In October 2004, the Employment Act 2002 introduced fixed conciliation periods; this limited...

The EAT has handed down a decision considering the correct approach to take when assessing costs against a litigant. In  Jilley v Birmingham & Solihull Mental NHS Trust , the tribunal made costs orders against the Claimant, and referred the...

HMRC has laid the The Income Tax (Pay As You Earn) (Amendment) Regulations 2008 before Parliament. The Regulations close the loophole identified in Demibourne Ltd v HMRC (see bulletin 15/8/06), which held that HMRC was entitled to charge...

The Court of Appeal has considered the EAT's strict adherence to the 42-day time limit for instituting an appeal. As all employment practitioners know, the EAT requires certain documents to be attached to the Notice of Appeal. If any document is...

The Employment Bill has had its third day in committee in the House of Lords (see Hansard). Discussion included:   tightening up minimum wage enforcement (proposals agreed); broadening the type of expenses that can be reimbursed to voluntary workers...

The government has published  The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008, which come into force on 6th April 2008. The changes are relatively minor, dealing with:   issues relating to continuity of service for...

According to  Monday's Hansard , the Tribunals Service is putting back its proposals to provide Employment Tribunal judgments on the internet. It will not happen until Caseflow (the computerised ET case management system) is developed and rolled out...

The EAT has, this morning, handed down the important decision of  D'Silva v NATFHE . It reminds practitioners that a failure by an employer to respond to a discrimination questionnaire (or an equivocal / evasive response) does  not  -...

The EAT has handed down a judgment considering the conflicting policies of allowing litigators to fight cases sensibly, and the importance of not victimising someone who brings a discrimination claim. Mrs Dathi claimed discrimination. Her employer refused...

The EAT has handed down a decision reaffirming the options an employee has when an empoyer seeks to foist a unilateral variation of contract on him. The four choices (para. 20) are:-   acquiescing in the variation; resign and claim constructive...

The High Court has considered, in  Cooper v Isle of Wight College , how much pay an employer can deduct from a worker's wage packet when that worker is on strike. Blake J. held that the employer can only deduct the amount that an employee could...

The High Court has considered, in  Cooper v Isle of Wight College , how much pay an employer can deduct from a worker's wage packet when that worker is on strike. Blake J. held that the employer can only deduct the amount that an employee could...

The Government has announced in  Hansard  that it proposes to develop a fast-track system for employment tribunals to deal with simple monetary claims. This 'fast-track system' will involve five jurisdictions: unlawful deductions from...

The EAT has, in  Clark v Clark Construction , today provided observations on the relevant criteria to consider when seeking to determine whether a controlling shareholder is also an employee.. Elias P., presiding, set out the following  guidelines...

The EAT has held, in  Steelcraft v Ellis , that a clause asserting that a 'contract' was not intended to create any legally enforceable rights is void under s203 of the Employment Rights Act 1996 if the only purpose of that clause is to alter...

The draft  Social Security Benefits Up-rating Order 2008  has been published. From 6th April 2008, SMP increases to £117.18pw (from £112.75), and SSP increases to £75.40pw (from £72.55). [Thanks to David Perry of Tinsdills...

The EAT has, today, held that the Sexual Orientation Regulations 2003 do not prohibit homophobic banter against a heterosexual man who is known not to be gay. The Claimant, who was heterosexual, was subjected to sexual innuendo by his colleagues to the...

The EAT has handed down a reminder, in  Home Office v Khan & King , that orders for re-engagement should specify the job into which a Claimant is being re-engaged. In particular, it is not adequate for the tribunal to set out a process for...

The Court of Appeal has held, in  Airbus v Webb , that  an employer may take expired disciplinary warnings into account  when deciding whether to dismiss an employee. Mr Webb had been given a final written warning for misuse of company time,...

Thanks to Mark Barnett, head of Immigration at  Steeles Law Solicitors , who wrote this summary ( mbarnett@steeleslaw.co.uk ). 2008 sees radical changes being introduced into all aspects of Business Immigration as a result of the introduction of...

The Court of Appeal has, this morning, handed down its decision in  James v Greenwich Borough Council . This case was widely expected to resolve the conflicting authorities on whether and when agency workers become employees of an end-user. A large...

The Court of Appeal, in  GAB Robins v Triggs , has overturned the EAT's decision dealing with compensation for constructive dismissal (see bulletin 14/6/07). The decision confirms that, even in cases of constructive dismissal, an employment...

The Advocate General has, this morning, handed down his  opinion  in the important case of Coleman v Attridge Law & Steve Law. In 2006, South London Employment Tribunal referred to the ECJ the question as to whether the EC Equal Treatment...

The EAT (HHJ McMullen QC) has held that the three month extension to time limits under the statutory grievance procedure means that the total time limit for (most) claims is six months less one day, not six months. In so finding, it has declined to follow a...

The Advocate-General has, this morning, handed down his opinion in  Stringer v HMRC (previously known as Ainsworth v HMRC). By way of background, in April 2005, the Court of Appeal held that the right to four weeks' statutory paid holiday...

The EAT (Burton J. sitting alone) has handed down an important judgment dealing with extensions of time for unfair dismissal claims when the employee has put in an internal appeal, and the appeal has been dismissed close to the end of the normal limitation...

The EAT has held, in  The Highland Council v TGWU/Unison  that an employee needs to identify her comparator (at least by reference to job type) in a statutory grievance. Thus a grievance comparing the Claimant with a man doing job type 'A'...

The EAT has held that the presumption of a 90 day protective award in collective redundancy consultation cases applies in the same way when the minimum period of consultation is 30 (rather than 90) days. In Susie Radin, the EAT and Court of Appeal made it...

The Employment Rights (Increase of Limits) Order 2007 has been laid before parliament. This year's core compensation limit increases are:-   week's pay (basic award / redundancy payment) - from £310 to £330 maximum...

The EAT has held, in  First Leeds v Haigh , that a capability dismissal will normally be unfair if an employer fails to take reasonable steps to ascertain whether an employee is entitlement to the benefit of ill-health retirement benefits. This...

Welcome back. It's 2008 and we're kicking off the year with a very important TUPE case. The EAT has held, in  Hollis Metal Industries v GMB , that TUPE 2006 has the potential to apply to transfers of businesses outside the UK (and, indeed,...