Employment Law Vault

The Government has announced that the  Employment (Allocation of Tips) Act 2023  will now come into force on 1 st  October 2024, rather than 1 st  July 2024 as originally proposed.  Under the Act, employers are required to pass tips...

Should a tribunal look behind an agreed list of issues when considering whether a Claimant’s discrimination claim includes a claim of discriminatory constructive dismissal? Yes, held the Employment Appeal Tribunal in  Z v Y . The Claimant...

Should a tribunal have distinguished between international jurisdiction and territorial jurisdiction when deciding if it could hear claims for unfair dismissal and discrimination, brought by an employee who worked and lived overseas? Yes, held the...

Should a meal allowance have been included in the calculation of statutory holiday pay for cabin crew? Possibly, held the Employment Appeal Tribunal in  De Mello v British Airways Plc . All payments intrinsically linked to the performance of duties...

Was a tribunal, in a whistleblowing detriment claim, right to have looked at the motives of decision-makers only, and to have disregarded the issue of whether they had been manipulated by those motivated by the protected disclosure? Yes, held the Employment...

Was it reasonably arguable that a tribunal had jurisdiction to consider claims against US-based Respondents who did not employ the Claimants? Yes, held the Employment Appeal Tribunal in the long-running case of  Armes v TwistDX and others . Dr Armes...

Does s146  Trade Union Labour Relations (Consolidation) Act 1992 (TULRCA)  protect workers who take part in strikes during working hours from detriment short of dismissal? No, held the Supreme Court in  Mercer v Alternative Fuel Group...

Should a tribunal have applied the reverse burden of proof in a race discrimination claim where the claimant showed facts from which a tribunal could conclude that discrimination had occurred? Yes, held the Employment Appeal Tribunal in  Atif v Dolce...

Was a tribunal correct to strike out a remedy claim because the Claimant had destroyed evidence or lied about doing so? Yes, held the Employment Appeal Tribunal in  Kaur v Sun Mark and others .   The Claimant had succeeded (in part) in claims...

I have been asked to issue this notice by HMCTS. All Employment Tribunal online services (affecting submission of ET1s, ET3s and digital applications) will be subject to a planned upgrade between  20:30 on Thursday 18 th  April...