This week we are looking at COT3 agreements. COT3 agreements are akin to settlement agreements that settles potential or actual Employment Tribunal claims. Unlike a settlement agreement, a COT3 does not require an employee to obtain legal advice for a binding agreement. The agreements are also finalised and often negotiated via ACAS Early Conciliators. The [...]
Welcome back to your weekly case law update. Last week we looked at tribunal procedure and the correct identity of employers. One procedural case of the identity of the legal parties was not enough, we have doubled down and done another, this time looking at ACAS Early Conciliation. Parties are required to notify ACAS of [...]
Our next case concerns ACAS Early Conciliation. Early Conciliation (EC) was introduced in 2014 as a means to settle claims before issuing ET proceedings. Any employee wishing to pursue a claim must have been issued an EC Certificate. Initially this meant the parties must have gone through a 30 day EC period (can be extended […]
de Mota v ADR Network Ltd and The Co-operative Group Ltd Our next case concerns Early Conciliation (EC). Section 18A of the Employment Rights Act 1996 requires prospective Claimants to complete ACAS Early Conciliation by providing the correct information to complete an EC form and upon completion obtain an EC Certificate with a valid reference […]
Hello and welcome back to your weekly case law update. Last week we looked at the Taylor Review and an update on a whistleblowing case that has been through the Court of Appeal. This week we have a case law medley – ooh la la! Prepare to feast on three cases, whose subject matter varies […]
Happy Easter! Tomorrow is Good Friday so we are sending out our case law update a day early – better than chocolate, right? Last week’s case was about discrimination by association and was our first foray over to Northern Irish law. Today’s case is about ACAS Early Conciliation. Early Conciliation was introduced as part of […]
Good morning and welcome back to your weekly case law update. Last week, in the absence of fresh judgments, we looked at snow and severe weather working. This week, with some fresh judgments hot off the press, we have our first official Case Law Update of 2017. This case is about COT3s. A COT3 is […]
Good afternoon, last week our newsletter examined a fairly eventful month for employment law (whatever you do don’t mention the referendum), there were features on Modern Slavery, flexitime as well some other interesting topics. This week’s case concerns ill-health dismissals and tribunal awards. Today’s questions: Can an employee who wins their unfair dismissal claim be awarded an […]
Hello, last week it was the newsletter and thus the time lapse between our last Case of the Week and this one means we have two cases for you this week, a Friday treat. The first concerns disability discrimination and death in service benefits whilst the second is about Early Conciliation. TIC International Ltd v […]
The case of Ramphal v Department for Transport, a Court of Appeal case which was set to examine the role of HR in disciplinary procedures, has settled. The case concerned an employee who was under investigation for suspicious travel expense claims, the manager handling the investigation was inexperienced with disciplinary procedures and received substantial support […]
A recent report published by ACAS suggests that bullying is one of the biggest issues in the workplace. In the past 12 months ACAS received over 20,000 calls in relation to bullying. 83% of the calls came from employees, 60% of these callers were in the process of taking formal action. ACAS estimates that bullying […]
It’s September which means autumn has begun and rather than spend our evenings at barbecues we stay in and watch telly. Speaking of which todays case has its fair share of drama, alcohol and bullying. Today’s questions: Can you suspend an employee for his conduct after allegations are made against him during an investigation […]
Recent EAT judgements suggest Tribunals will not look favourably on parties who do not follow ACAS early conciliation procedure to the letter. This includes cases where the Claimant has gone through conciliation but submitted the incorrect number in their ET1 form such as Sterling v United Learning. Or in circumstances where conciliation between the parties […]
It is quite rare for employment cases to go to mediation and by this I do not include conciliation through ACAS. As a firm, we have been involved in mediation in employment cases with varying degrees of success from pre-presentation/issue mediation and mediation after presentation/issue of a Claim but instances of mediation remain rare. The […]
