Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary When are employees assigned to a service changing hands under TUPE? The question is to be determined having regard to the way an organisation is...

The government has introduced the  Deduction from Wages (Limitation) Regulations 2014 . They do two things:- (1) limit all unlawful deductions claims to two years before the date the ET1 is lodged (with the exception of certain categories of unlawful...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is obesity a disability under EU law? It can be, held the European Court of Justice in  FOA (Kaltoft) v Billund . However, discrimination on the grounds of obesity...

It is being reported that Unison's judicial review application, challenging the legality of employment tribunal fees, was dismissed this morning by the High Court (without reasons being given; the reasons will follow on BAILII today). A previous attempt...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary The High Court has today handed down  its judgment  in Unison's application for judicial review to challenge the employment tribunal fees system....

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary Are injury to feelings payments taxable? If the payment arises out of the termination of employment, probably yes, held the First Tier Tribunal (Tax Chamber)...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is it a reasonable adjustment under the Equality Act 2010 to require a bus company to have a policy requiring non-wheelchair using passengers to move if occupying a...

 Thanks to Jonathan Gibbons of Black White and Grey Limited for preparing this case summary Was an employment tribunal entitled to conclude that an employee who suffered from depression and anxiety was not disabled? Yes, held the EAT...

Okay, it's a little off beat, but I enjoyed reading this  excellent blogpost  by Gemma Reucroft so much that I thought I'd share it... This is the ultimate advice checklist for how HR should deal with Christmas issues... 1. Employees...

 Thanks to David Campion of Garden Court North Chambers, for preparing this case summary Was a plumber engaged by a plumbing and maintenance company an 'employee'? No, although he was a worker, held the EAT in  Pimlico Plumbers...

 Thanks to  James English  of Hempsons solicitors for preparing this case summary Could a company enforce restrictive covenants against a former employee where there had been no specific consideration? No, held the High Court in ...

 Thanks to  Andrew Smith  of Matrix Chambers for preparing this case summary Is it lawful to impose compulsory retirement on serving judges when they reach their 70th birthday? Yes, held an employment tribunal in White v Ministry of...

Thanks to  Peter Taheri  of 5 Essex Court for preparing this case summary Does the strict post- Mitchell  approach apply to case management in the employment tribunals as it does in civil litigation? No, not directly, held Langstaff P in the...

 Thanks to  Paul Livingston  of Outer Temple Chambers for preparing this case summary Was the Claimant entitled to pursue a claim for negligence in the High Court in respect of the same issues that had previously been alleged before the...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Was an employment tribunal entitled to find that an employee had impliedly accepted a variation of her contract of employment by continuing to work,...

According to a  report in WSB , Unite has announced it is not appealing the Employment Appeal Tribunal's decision in  Bear Scotland v Fulton case , which has the effect of (largely) preventing claims for holiday-pay backpay going back to...

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary When may an appellant recover the fees paid to have an appeal heard in the EAT? It depends on the circumstances of the case, held the EAT in Look Ahead...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary What are the rules relating to remoteness in damages claims for psychiatric injury? The Court of Appeal explains this in  Yapp v FCO .  Mr...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Can an employer arrange a redundancy process so as to determine when it is obliged to offer a suitable alternative vacancy to a redundant employee on maternity leave? ...

Acas has published the  first six months' figures  showing how early conciliation is working. Key figures:-   - over the first six months, it has conciliated in 37,000 cases (of which about 1,000 were multiple claims, covering about 8,000...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Should an employment tribunal conduct its own enquiries into evidence (for example, on Wikipedia during an adjournment)? No, held the EAT in  East of England...

 Thanks to James Medhurst of Employment Law Advocates for preparing this case summary Is there a presumption that the successful Appellant in an appeal will recover the £400 issue fee and £1,200 hearing fee from the unsuccessful...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Is judicial review a mechanism for examining employment practices? On the face of the Court of Sessions' decision (Lords Essie's lead judgment)...

Following this morning's  important ruling on holiday pay , Business Secretary Vince Cable has announced he is setting up a new taskforce to assess the impact of the ruling. Although the  press release  uses the neutral language...

The Employment Appeal Tribunal has, this morning, handed down judgment in  Bear Scotland v Fulton  (and conjoined cases). Key points:- 1.  workers are entitled to be paid a sum of money to reflect normal non-guaranteed overtime as part of...

 Thanks to James Medhurst of Employment Law Advocates for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Does an employment tribunal have jurisdiction to...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Does UK discrimination law meet the requirements of EU law in...

 Thanks to  Sarah Fitzpatrick  of Collingwood Legal for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Can a claim for unfair dismissal due to...

 Thanks to  Grahame Anderson  of Littleton Chambers for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Where a departing employee expresses unwillingness...

 Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Can a teacher be disciplined by a local authority...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Were actors working under a profit share...

 Thanks to  Grahame Anderson  of Littleton Chambers for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Was an employment tribunal's failure explicitly...

Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. ACAS has published a detailed guidance note on the new shared parental leave rules, together with supporting material including standard letters and a...

 Thanks to James Medhurst of Employment Law Advocates for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Does an employment tribunal deciding a reasonable...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Can an employer be liable to an employee for...

Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. The Ministry of Justice has announced the  retirement of Lord Justice Maurice Kay  as of 1 October 2014. Sir Maurice sat as a judge in the...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. How should the bar to bringing discrimination...

Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. The Ministry of Justice has announced the retirement of Lord Justice Rimer , as of yesterday. Lord Justice Rimer sat as a judge in the Employment...

Thanks to  Laurie Anstis  of Boyes Turner, who is standing in for Daniel Barnett this month. Following Vince Cable’s  speech to the Liberal Democrat conference  yesterday, BIS have made two new employment law announcements: 1....

The Court of Appeal has handed down guidance on the best way for Employment Judges to prepare their written reasons in cases where they sit with wing members. See paragraph 11 of  Eyitene v Wirral MBC . In short, there is no obligation for Employment...

 Thanks to  Jennifer Danvers  of Cloisters for preparing this case summary. Where the result of an internal appeal is that an employee’s summary dismissal is substituted for dismissal with pay in lieu of notice, is the effective date...

 Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Is recovery of a previous overpayment of wages or salary a 'deduction' which must be explained in an itemised pay statement? Yes, held the EAT...

 Thanks to  Chesca Lord  of Cloisters for preparing this case summary Is the simplified approach to pension loss appropriate where an individual would have remained a member of a final salary scheme to retirement, but whose only future...

 Thanks to  Will Young  of Outer Temple Chambers for preparing this case summary Does the test for whether an employment tribunal has territorial jurisdiction to hear a claim of unfair dismissal under the Employment Rights Act 1996 from a...

 Thanks to  Michael Reed , Employment Legal Officer at the Free Representation Unit, for preparing this case summary Is it a breach of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 for an employer to purchase...

 Thanks to  Nathaniel Caiden  of Cloisters for preparing this case summary Does the percentage of time an employee spends on an activity immediately before an SPC transfer establish assignment? No, held the EAT in  Costain Ltd v...

In the Court of Appeal today, Unison applied to admit new evidence in their appeal against the decision dismissing their judicial review application challenging employment tribunal fees. It is (reliably) being reported that the Court of Appeal decided to...

 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary When deciding whether to award costs, is it relevant for an employment tribunal to take into account the fact that the receiving party has had their...

The  Reserve Forces (Payments to Employers and Partners) Regulations 2014  have been published - coming into force on 1st October 2014. At present, when called up, military reservists are paid directly by the Ministry of Defence - and employers...

From 1 October 2014 expectant fathers, or the partner of a pregnant woman, will be entitled to take unpaid time off work to attend antenatal appointments with their partner. The Department of Business, Innovation and Skills has produced a  guide for...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary If a member of an Employment Tribunal is apparently sleeping for around 15-20 seconds, having been observed to be drooling by the Employment Judge, is that a material...

The Ministry of Justice has just released the  statistics for employment tribunals for April to June 2014. They reveal a 71% drop in claims (70% in single claims) compared with the same period in 2013. A more significant statistic is that single...

Speaking live at TUC Congress, Shadow Business Secretary Chuka Umunna is announcing that the next Labour Government will "scrap" the Government’s employment tribunal system and replace it with "a fairer system to ensure that...

 Thanks to  Peter Taheri  of 5 Essex Court for preparing this case summary In  Ejiofor t/a Mitchell & Co Solicitors v Sullivan  and others, the EAT considered two questions: (1) Can a business be transferred under TUPE when...

 Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Did the employment tribunal have jurisdiction to determine the claims of a US citizen, employed by a US company, paid in dollars but who lived and...

 Thanks to  Nicholas Hill  of Outer Temple Chambers for preparing this case summary Can an employer recover costs in respect of time spent by a legally qualified in-house representative? Yes, held the EAT in  Ladak v DRC Locums Ltd . ...

 Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Should an employment tribunal briefly adjourn a hearing of its own motion for a mentally impaired litigant to recover his lucidity and obtain...

 Thanks to  Barnaby Large of No.18 Barristers Chambers for preparing this case summary. Should an assurance of guaranteed incremental pay increases subject to performance contrary to absolute discretion in a written contract bind an...

Acas has issued new guidance on  dress codes and appearance in the workplace . It sets out the issues for employers to consider, rather than providing answers. Two of the areas it focuses on are tattoos and body piercings, and religious dress....

 Thanks to  Sarah Russell  of Slater & Gordon for preparing this case summary Was there a failure to make reasonable adjustments in dismissing a health visitor following her conviction for theft, dangerous driving and battery? No, held...

 Thanks to  David Leslie  of Lyons Davidson for preparing this case summary Is an employee prevented by law from claiming constructive dismissal if he is in repudiatory breach of his contract? No, held the EAT in  Atkinson v Community...

[Thanks to Craig Gordon of  HR Bullets  for allowing the reproduction of his  bulletin ] Having decided in June to ban the use of exclusivity clauses on zero-hours contracts (ZHCs), the government is now asking for views on how to stop...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Does a change of location where the employee is required to work after a TUPE transfer justify a resignation and a claim for constructive dismissal? ...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary When, precisely, does a TUPE transfer take place? When responsibility for the management of the business or service transfers from one entity to...

 Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary. Where a security contractor has been engaged for a company on  land owned by a Borough, when the Borough take back the site and engage a new...

 Thanks to  Caroline Jennings  of No 5 Chambers for preparing this case summary Was a failure to allow an employee to change her choice of voluntary redundancy to redeployment (in the hope that the redeployment exercise would take her from...

Thanks to Sophie Beesley of Old Square Chambers for preparing this case summary . In a case of detrimental treatment related to union activities, contrary to s.146 TULRCA 1992, does the burden of proof operate as in a discrimination claim? No,...

[Thanks to Craig Gordon of  HR Bullets  for giving permission to reproduce his summary] The government has started a consultation asking for views on exactly how regulators will be obliged to report on whistleblowing disclosures they receive. ...

 Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary May an employment tribunal determine issues not in dispute between the parties? No, says the EAT in  Mr Clutch Auto Centres v Blakemore . In this case...

Thanks to Vanessa James of SA Law for preparing this case summary Can an illegal immigrant bring a claim for discrimination despite the illegal nature of the contract? Yes, held the Supreme Court in  Hounga v Allen. At common law a court...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Should an employment tribunal make enquiries of a Claimant when a claim is withdrawn, even in the heat of the moment? No, held the unanimous Court of Appeal in ...

The new Health & Work Service, which is a government funded occupational health service, is due to go live in April 2015 (with roll-out from late 2014). The Department for Work and Pensions has issued a  press release  announcing that the...

The Ministry of Justice has announced four appointments to the Court of Appeal. Mr Justice Bean and Mr Justice Sales, who will take up their appointments as Lord Justices of Appeal in the autumn, both have considerable employment law experience. Also...

 Thanks to  Caroline Field  of Fox for preparing this case summary Can an employee be restrained from working for a competitor during his notice period (and the period covered by his restrictive covenants) where the employer stops paying his...

 Thanks to  Jennifer Danvers  of Cloisters for preparing this case summary. Does the former employer of a teacher owe that teacher a duty of care when making safeguarding disclosures? No, held Sir Colin Mackay in  Melik Camurat v...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is the list of Respondents to employment tribunal claims held by HM Courts & Tribunals Service exempt from disclosure under a Freedom of Information Act request? ...

Thanks to David Campion of Garden Court North Chambers, for preparing this case summary Did an NHS Trust's disciplinary policy permit it to impose a more severe sanction upon an employee's appeal? No, held the Court of Appeal in ...

Can a court re-write restrictive covenants to bring them in line with common sense? No, the Court of Appeal holds, in  Prophet plc v Huggett . Prophet was a software company, selling software to the fresh produce industry. A restrictive covenant...

Does obesity qualify, without more, as a disability?  If yes, then the duty to make reasonable adjustments might include employers having to provide bigger chairs and desks, car parking spaces near the front door, and duties involving less mobility. ...

The President of the Employment Appeal Tribunal, Langstaff P, has issued a clear warning to litigants in the EAT who fail to agree bundles. In summary, the parties should not turn up with two separate bundles if they cannot agree the contents. Where one...

Has HM Courts & Tribunal Service made its hoped-for £10m from tribunal fees? According to the HMCTS annual report (p85), fee income generated just under £4.5m in the 8 months between 29th July 2013 and 30th March 2014, equivalent...

  Thanks to  Naomi Cunningham  of Outer Temple Chambers for preparing this case summary Are payments under an interim relief order taxable in full as earnings under s62 ITEPA , or as payments in connection with termination under s401? The...

Her Majesty's Courts and Tribunals Service has just published the new Form EX160A  (the form and guidance notes for applying for fee remission), as trailed  here . The form is only two pages (but it's in very small print, and the...

According to a written answer in Hansard ( col WA 140 ), the Ministry of Justice will soon be announcing a review into fees in employment tribunal proceedings. Meanwhile, the Unison judicial review of the introduction of tribunal fees is due to be heard by...

 Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary Is 65 an appropriate age for mandatory retirement? Yes, held the EAT in  Seldon v Clarkson Wright & Jakes , a well known and long-running case. Mr...

Two small things. First, the Information Commissioner's Office has published  Guidance Notes on Disclosure of Information under TUPE . It's short and easy to read. Thanks to  Laurie Anstis  of Boyes Turner for spotting it. Second,...

  Thanks to  Nathaniel Caiden  of Cloisters for preparing this case summary HHJ Eady QC in  Horizon Security Services Limited v PCS Group  has laid down the following general principles in relation to appellants recovering EAT fees...

Vince Cable, the Secretary of State for Business, Innovation and Skills, has this morning announced plans to ban exclusivity clauses (which prevent an individual from working for another employer, even when no work is guaranteed) in zero-hour contracts. The...

The Small Business, Enterprise and Employment Bill  has been published today. It contains the following... First, under clause 136, a new system for enforcing tribunal awards: an 'enforcement officer' will give a 28-day warning notice if a...

Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Can delay in resigning in and of itself amount to an affirmation of a breach of contract? No, held the EAT in  Chindove v Morrisons Supermarkets . The...

Thanks to  Samantha Cooper  of Outer Temple Chambers for preparing this case summary If, during a hearing, an employment tribunal receives information from a third party that may be prejudicial, should it disclose that information to the parties...

Thanks to  Jahad Rahman  of Rahman Lowe Solicitors for preparing this case summary Is a football referee an employee under the ERA 1996? No, held the EAT in  Conroy v Scottish Football Association . The Claimant, a football referee, lodged...

The Ministry of Justice has issued a further statement in respect of part-time (fee-paid) judges and judicial pensions, in the light of the MOJ v O'Brien litigation. The statement is  here ....

Thanks to  Georgia Hicks  of Devereux Chambers for preparing this case summary Is the obligatory disclosure of spent convictions for specified professions or persons working with children and vulnerable adults a necessary and proportionate...

Thanks to Michael Reed of the Free Representation Unit for tipping me off about this. The Ministry of Justice has just announced a simplification of the fee remissions structure, effective 30 June.  With effect from 30 June:-   - applicants no...

Thanks to  James English  of Hempsons solicitors for preparing this case summary Is a clause deducting a month's salary for an employee's failure to work their notice period a penalty clause? No, held the EAT (with some hesitation)...

Thanks to  Chesca Lord  of Cloisters for preparing this case summary Can an express contract of employment exist in the absence of an agreement to remunerate the individual for work provided to the company? No, held the EAT in  Ajar-Tec Ltd...

Thanks to  Will Young  of Outer Temple Chambers for preparing this case summary. Does the death of a worker extinguish his or her right to paid annual leave? No, held the CJEU in the case of  Bollacke v Klass & Kock B.V.   Mrs...

The MOJ has released the most recent set of  employment tribunal statistics . They're not immediately easy to work out, and I've put some key points below: meanwhile, you can download my powerpoint slides on the impact of employment...

Thanks to Vanessa James of SA Law for preparing this case summary Does an employer's duty to make reasonable adjustments extend to an employee associated with a disabled person? No, held the Court of Appeal, upholding the EAT's decision...

BIS has today published its  Findings from the Survey of Employment Tribunal Applications 2013 . Coming in at a whopping 280 pages, this is the first such survey in five years. About 2,000 employees and 2,000 employers were interviewed for the...

Thanks to Rosa Dickinson of St Philips Chambers for preparing this case summary Where an Employment Judge has announced a firm conclusion that a Claimant is disabled, but later re-hears this issue himself, does this amount to a real possibility of...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Should allegations of bias at an employment tribunal be dealt with by an application for a review (or reconsideration)? No, held the EAT in  Papajak v Intellego Group...

The government has 'named and shamed' 25 new employers who have failed to pay the minimum wage. Like last time, the list only represents a tiny proportion (estimated at less than 1%) of those breaching the legislation. No large employers are...

Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. When dealing with a multitude of discrimination allegations, may employment tribunals go beyond the first stage of the burden of proof test to look at 'the...

The  Flexible Working Regulations 2014   were laid before parliament yesterday and come into force on 30th June. They extend the right to make a request for flexible working to any employee who has been employed for 26 weeks (not just parents of...

Thanks to  Thomas O’Donohoe  of 3 Paper Buildings for preparing this case summary In a claim for indirect discrimination do members of a disadvantaged group have to show why they have suffered the disadvantage, in addition to the fact that...

The  Queen's Speech  today identified various (minor) employment law proposals:-   - “Strengthen UK employment law by tackling National Minimum Wage abuses and cracking down on abuse in zero hours contracts”.  No details...

Acas has, today, published new guidance on Handling TUPE transfers, as well as a useful  flowchart . This comes hot on the heels of Acas' new guidance and advice on the World Cup. If you're a TUPE afficionado (and who isn't?),...

Thanks to  Peter Taheri  of 5 Essex Court for preparing this case summary In a claim of unfair dismissal on grounds of misconduct, is an employment tribunal's failure to analyse whether the employer's investigation satisfied A v...

Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary When may the Employment Appeal Tribunal substitute its own decision for that of the employment tribunal, rather than remit? Only in limited circumstances, held the...

Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. Can detailed reasons nevertheless fail to tell the parties sufficiently how their case was decided? Yes, held the Court of Appeal in  Co-Operative v...

Thanks to  Will Young  of Outer Temple Chambers for preparing this case summary Can an employee be held to have affirmed the contract (and hence have lost any claim for constructive dismissal) if he or she gives longer than the contractual minimum...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Does the Working Time Directive require that a worker's statutory holiday pay not be limited to basic salary where commission is a part of remuneration? Yes, held the...

Thanks to Lisa Joyce of DTM Legal LLP for preparing this case summary. Can a member of a Limited Liability Partnership (LLP) be a 'worker' within the meaning of section 230(3) of the ERA 1996? Yes, held the Supreme Court in ...

Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Is the requirement to work in a different location following a TUPE transfer a 'change in the workforce' within the meaning of the (pre-2014...

Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary Before deciding that evidence should be excluded, should an employment tribunal investigate the relevance of such evidence? Yes, held the EAT in  Kalu v...

  Thanks to Jasvir Kaur of Squire Sanders for preparing this case summary . Is the question of whether a trade union is 'independent' a matter of jurisdiction for the employment tribunal when considering a claim for detriment...

Under  this statutory instrument , the maximum compensatory award a tribunal can make is a year's salary (which, itself, is capped at £76,574). Last year, Alex Monaco of Compromise Agreements launched a judicial review application over the...

A  written answer in the House of Commons  has revealed that 24% of remission applications between 29th July and 31st December 2013 were granted (in part or in full). Putting that in perspective, it amounts to remission being granted in just 5.5%...

Thanks to  Bonike Erinle  of Farrar’s Building for preparing this case summary. Can the owner of a company be regarded as an employee for purposes of a claim for a redundancy payment? Yes, depending on the nature of the relationship between...

Thanks to  Peter Taheri  of 5 Essex Court for preparing this case summary Where a care worker was required to work a number of 'sleep in' night shifts at the employer's premises, and be available for emergency purposes, did the night...

Thanks to  David Leslie  of Lyons Davidson for preparing this case summary Is there apparent bias where the Employment Judge's daughter is a partner in the firm representing a claimant? No, held the Employment Appeal Tribunal in  South...

Back in March, the (then) President of the Employment Tribunals (England & Wales), Judge Latham, issued  Presidential Guidance on Case Management , which included a case management agenda for preliminary hearings as an appendix at the back. The...

 Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary The EAT (Langstaff P) has handed down judgment in the case of  Clements v Lloyds Bank , which concerned the interaction of discrimination and constructive unfair...

 Thanks to  Sarah Russell  of Slater & Gordon for preparing this case summary Is it possible to obtain an interim injunction compelling former employees to allow viewing and copying of their personal computer? Yes, in the circumstances...

As of today, the time period for a transferor to provide employee liability information to a transferee increases from 14 days to 28 days before the transfer. This applies only apply to TUPE transfers that take place on or after 1 May 2014. Further, from...

Thanks to  Mark Humphreys  of Littleton Chambers for preparing this case summary Can contributory fault be found in a case of constructive dismissal? Potentially yes, but unusually and not in the circumstances of  Firth Accountants v Law...

It's been a few weeks since the last update on where we are with employment tribunal fees, so here we go... Last week, the Enterprise Minister, Matthew Hancock, hailed the 79% drop in employment tribunal claims as demonstrating the ending of the...

The Ministry of Justice has announced the retirement of HHJ William Birtles, who has sat as a judge of the Employment Appeal Tribunal since 2003. The announcement is  here . We wish him a very long and happy retirement, and thank him for his...

Thanks to  Michael Reed , Employment Legal Officer at the Free Representation Unit, for preparing this case summary When identifying the reason for subjecting an employee to detriment or dismissal, can a protected disclosure be separated from closely...

Thanks to Jasvir Kaur of Squire Sanders for preparing this case summary Can employees bring a direct claim against a transferee for failure to provide information to a transferor? No, held the EAT in  Allen v Morrisons Facilities Services...

Thanks to  Neil Addison  of New Bailey Chambers for preparing this case summary Is the EAT obliged to remit a case to an employment tribunal where there is an issue of fact to be decided? Usually yes, unless the parties agree otherwise, held the...

Thanks to  Lydia Banerjee  for preparing this case summary. Could the National Theatre be required by law to re-engage musicians in the production of the War Horse? In December 2012 the National Theatre took the decision to cease using a live...

Thanks to  Michael Reed , Employment Legal Officer at the Free Representation Unit, for preparing this case summary. Can a simple employment law point be extracted from a gargantuan pensions judgment with 1597 paragraphs (plus 5 annexes)? No,...

Many are concerned about access to justice after the MOJ published statistics last month suggesting that there has been a  79% drop  in the number of tribunal claims since fees were introduced (a statistic I find unlikely given union and insurance...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Are the UK's restrictions on secondary industrial action (otherwise known as 'sympathy strikes') an unlawful interference with freedom of association under the...

With effect from 6th April 2014, it is no longer possible for employers to reclaim statutory sick pay from the government.  See this  statutory instrument . Previously, employers could reclaim any amount of SSP which exceeded 13% of its national...

It's just gone midnight on 6th April. Early Conciliation is now available. And having arrived back from a very good dinner with friends in Shoreditch, I've discovered the  Acas Early Conciliation Form  has been published.  So has...

It is being reported by the  Law Society Gazette  that, at a forum today, Jenny Willott MP (minister for employment relations and consumer affairs) said that the level of tribunal fees is being kept under review by the government. She added that...

The Acas Early Conciliation rules come into force next week, on 6th April 2014 (they are optional for the first month, and become mandatory on 6th May 2014).  An amending statutory instrument has been published making an important change. The ...

Thanks to James English of Samuel Phillips solicitors for preparing this case summary Can an employment tribunal insist both that the Claimant obtains further evidence on her alleged disability, and that the Respondent should pay for it? No and...

Thanks to Vanessa James of SA Law for preparing this case summary Is it necessary for an employment tribunal to set out all the factors upon which it decided that a claim was time-barred? No, holds the EAT in the case of  Hall v ADP Dealer...

Thanks to Will Young of Outer Temple Chambers for preparing this case summary The EAT has given guidance on how whistleblowing detriment cases should be approached in  Chemsitree v Gahir . The case concerned a Claimant who was employed as a...

Thanks to Paul Smith of Broadway House Chambers for preparing this case summary Can an ill-drafted restrictive covenant be enforced even if the court would need to add words in order to give it effect? Yes, holds the High Court in  Prophet plc v...

The Ministry of Justice has issued a  statement in fee-paid judicial cases , following the recent decision in  O'Brien v Ministry of Justice . If you are a fee-paid judge (and thus affected), you need to read the statement in full.  In...

Thanks to Lisa Joyce of DTM Legal LLP for preparing this case summary Can the consistent practice of an employer calculating redundancy payments without the statutory caps convert into a contractual right for future practice? Yes, held the EAT...

Thanks to Joanna Cowie of SA Law for preparing this case summary Was a tribunal entitled to rely on contractual documentation between the parties when determining the "activities" of a service provision change for the purposes of...

Thanks to Vanessa James of SA Law for preparing this case summary In equal pay cases does a Limited Liability Partnership (LLP) qualify as an 'associated employer' under s1(6) of the Equal Pay Act 1970 (now the  Equality Act...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Following a service provision change, is a 'hope or wish' of a client that a service would be carried out as a task of short-term duration an 'intention' which...

Thanks to Lucy Boyle of 12 King’s Bench Walk Chambers for preparing this case summary Does a commissioning mother in a surrogacy arrangement fall within the scope of the Pregnant Workers Directive, particularly where she has breastfed the...

Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary Does mistreatment of a worker on the ground of immigration status constitute direct discrimination? No, holds the Court of Appeal in  Onu v Akwiwu . Two...

Okay, this is depressing. The MOJ has published the  quarterly employment tribunal statistics  for October to December 2013.  Unlike the July-Sept quarter, there is no 'skewing' effect from those who rushed to lodge claims before the...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Was it a detriment for a police dog handler to have her dog removed from her when she was no longer operational due to pregnancy? Yes, held the EAT (Langstaff P presiding)...

Thanks to  Keira Gore  of Outer Temple Chambers for preparing this case summary Does dismissal for absences due to post-natal depression arising  after  maternity leave amount to sex and/or pregnancy and maternity discrimination under...

Thanks to David Leslie of Lyons Davidson for preparing this case summary Is the starting point for compensation for failure to inform and consult in relation to a collective redundancy situation the statutory maximum? No, holds the EAT in ...

Important changes reducing the rehabilitation periods under the Rehabilitation of Offenders Act 1974 came into force yesterday. In the main, the period of rehabilitation runs from the date that imprisonment ends, rather than the date of...

The government is  consulting on the draft  Shared Parental Leave Regulations , which will allow parents to share the leave after birth of a baby in pretty much whatever proportions they choose. Here is the best advice I can give:  DO NOT...

Thanks to Peter Taheri of 5 Essex Court for preparing this case summary If an employee hides a tape recorder and captures comments made during his employer's private deliberations during a grievance and disciplinary hearing, is that evidence...

Statutory questionnaires are being abolished in discrimination cases with effect from 6th April 2014 (here's the  statutory instrument ). Acas has produced some useful new  guidance on asking and responding to questions of discrimination in...

An  Early Day Motion  has been tabled in parliament, calling for the annulment of the  Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 , which came into force on 31st January 2014. ...

Thanks to Lucy Boyle of 12 King’s Bench Walk Chambers for preparing this case summary When does the period of reckonable service begin for the purpose of calculating the amount of pension to which a retired part-time judge is entitled? On 7...

Thanks to  Jahad Rahman  of Rahman Lowe Solicitors for preparing this case summary On the issue of causation in a whistleblowing claim, did the person who subjected the Claimant to a detriment have to have knowledge of the protected act? Yes,...

A couple of things... (1)  The  Employment Rights (Increase of Limits) Order 2014  has been laid before parliament, and comes into force on 6th April 2014. It increases the maximum compensatory award from £74,200 to £76,574 (try...

Thanks to  Dr John McMullen  of Wrigleys Solicitors LLP for preparing this case summary Was a supermarket vicariously liable for an assault by a petrol station assistant on a customer? No, held the Court of Appeal, on the facts in  Mohamud v...

Thanks to Vanessa James of SA Law for preparing this case summary Can a Claimant who is illegally working in the UK bring a claim for sexual harassment against her unlawful employers? Yes, holds in the EAT in  Wijesundera v Heathrow Logistics . Ms...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary If, having refused to make a reasonable adjustment for a disabled employee, an employer has a policy, which is not of itself discriminatory, to keep its refusal under review,...

The Ministry of Justice has  announced  the appointment of Judge Brian Doyle (currently regional judge for NW England) as the new President of Employment Tribunals for England and Wales with effect from 1st April 2014. He replaces Judge David...

Last month, the well-known  USDAW v Woolworths  case (in which HHJ McMullen held that the words 'in one establishment' should be ignored for the purpose of deciding whether collective consultation obligations are triggered by 20 or more...

Thanks to Jasvir Kaur of Squire Sanders for preparing this case summary Was a witness's lack of veracity capable of being the 'something more' beyond difference in gender to reverse the burden of proof? Yes, held the EAT in  The...

Thanks to  Laurie Anstis  of Boyes Turner for preparing this case summary The Senior President of Tribunals has published his  annual report for 2014 . The sections dealing with the Employment Appeal Tribunal and Employment Tribunal start at...

The  Employment Tribunals (Early Conciliation : Exemptions and Rules of Procedure)  have been published, confirming that Early Conciliation will come into force on 6th April 2014.  Under the new rules, Claimants will need to contact Acas...

Thanks to James English of Samuel Phillips solicitors for preparing this case summary Should an unsuccessful Respondent in an Employment Appeal Tribunal case pay the £1,600 issue and hearing fees incurred by the successful Claimant? ...

Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary In the field of discrimination, will an employee of an independent contractor be an agent of a third-party employer simply because they carry out work on behalf of...

The administrative court has dismissed Unison's judicial review application challenging the introduction of fees for bringing employment tribunal claims. More follows......

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Was the imposition of fees for Claimants to bring Employment Tribunal proceedings unlawful? No, holds the High Court in  The Queen on the Application of Unison v Lord...

Thanks to  Nathaniel Caiden  of Cloisters for preparing this case summary. Does Berriman v Delabole Slate (1985) apply if a ‘TUPE’ dismissal was part of a wider cost saving plan? Yes Can an employee be...

Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary In light of the  CJEU’s decision  that terminating an employment relationship between a UK national and a non-member state did not fall...

Thanks to David Leslie of  Lyons Davidsonfor preparing this case summary Does the  Johnson exclusion zone  apply in a case of constructive dismissal based on fundamental breach in the redundancy process where the Respondent has...

Thanks to James English of Samuel Phillips solicitors for preparing this case summary. If a Claimant gives false evidence, is that automatically unreasonable conduct warranting a costs order? No, held the EAT, in  Kapoor v Governing Body of...

I never send out bulletins reporting first-instance employment tribunal decisions. Except just occasionally.  Once in a blue moon. Readers will know that there is a power for the Secretary of State to amend section 9(5) of the  Equality Act 2010...

The well-know  USDAW v Woolworths  case, in which HHJ McMullen held last year that the words 'in one establishment' should be ignored for the purpose of deciding whether collective consultation obligations are triggered by 20 or more people...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary. Can a single protected disclosure be made in multiple communications to an employer, even if the individual communications are not protected disclosures? Yes, held the EAT...

Thanks to  Michael Reed , Employment Legal Officer at the Free Representation Unit, for preparing this case summary How should the courts deal with interim injunction applications relating to ex-employees' use of confidential information? The High...

Thanks to  Rad Kohanzad  of Serjeants’ Inn Chambers for preparing this case summary Do the principles set out in  James v Greenwich LBC , dictating that in an agency arrangement a contract can only be implied between an individual and...

Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary In an indirect discrimination claim not based upon age, is the passage of time a valid consideration in identifying the pool for comparison? No, held the EAT...

Thanks to  Paul Smith  of Broadway House Chambers for preparing this case summary In the 'information age', may employees' relationships with clients still constitute an employer's proprietary interest requiring the...

Thanks to Saul Margo for preparing this case summary Where a dismissal results from the expiry of a fixed-term contract, does it follow that the dismissal counts towards the threshold under  s.188 of TULR(C)A 1992  whereby it is...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Does the fact of an allegation against a school caretaker of child abuse, occurring prior to and outside of employment, amount to a substantial reason for dismissal?   Not...

Thanks to Angharad Davies of Dere Street Barristers for preparing this case summary Can an employment tribunal decide that it is within the range of reasonable responses for an employer to dismiss an employee taking into account a final written...

Thanks to  Sarah Fitzpatrick  of Collingwood Legal for preparing this case summary Can a letter from a governing body of a community school confirming that a decision had been taken to dismiss have the effect of giving notice to terminate the...

Thanks to Ed McFarlane of  Deminos HR  for preparing this case summary Is there a clear dividing line between holding and manifesting a religious belief? No, holds the EAT (Mitting J presiding) in  Grace v Places for Children. The...

The final version of the  The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014  (seriously?  The acronym is CRATUPEAR!), made by parliament last week, has now been published.  It...

Thanks to  Barnaby Large  of No.18 Barristers Chambers for preparing this case summary. The EAT (Supperstone J) has handed down its decision in the case of Hasan v Shell International, which is authority for the proposition that...

The title pretty much says it all. Here is the...  link .  A treat for any  CRATUPEAR  fans....