It came into force on the 5th of April and if you haven’t read our previous posts (click here and here ) read the summary below. New mothers remain entitled to 52 weeks maternity leave and 39 weeks maternity pay. However, as from 5th April, a mother can share this leave and pay (except for […]
Employment Tribunals are normally made up of a panel of three. However, Tribunals do have jurisdiction to consider some types of complaint with an Employment Judge sitting along. These include complaints to enforce a protective award or complaints for failing to pay an award for failing to inform and consult under TUPE. However claims for a […]
The recently reported EAT case of Ms Bhardwaj v FDA & Others concerned allegations (amongst other things) of bias on the part of the Employment Tribunal. This was caused by rather unique and novel facts whereby, of the five individual Respondents in a 40 day hearing, three actually served as lay members of other Employment […]
This case at the EAT re-iterates the considerations that apply when an application is made to amend an appeal at a rule 3(10) hearing (a hearing before a lone EAT Judge with only the Appellant present to try and get their appeal accepted in circumstances where it has been rejected during the sift as not […]
Where an employee is dismissed with 6 months notice that expires on 1 February, but where a summary dismissal takes place on 21 January? The answer is 21 January. The summary dismissal trumps the earlier dismissal with notice according to the case of M-Choice UK Limited v Aalders reported on the EAT website today. Aalders […]
According to this BBC article it has been confirmed that the default retirement age is to be scrapped. This will please the Heyday, who challenged the default retirement age at the ECJ and lost. For employers, this will mean that dismissing an employee because they have reaced 65 will be unfair (unless a set retirement […]
In this case at the EAT, the EAT considered whether a Tribunal sitting in England could determine various complaints including unfair dismissal, discrimination and unauthorised deductions from wages made by an employee: Of Pakistani origin. Employed by a Hong Kong Company whose parent company was an Australian Company. Whose normal base was in Hong Kong. […]
Appeals from Employment Tribunals in England are heard in the Employment Appeal Tribunal (“EAT”) on Victoria Embankment in London. From time to time I am asked by parties to Tribunal proceedings if they can appeal against the outcome. The answer is that they can, but not just because they don’t agree with the decision. Appeals […]
An EAT decision published today has upheld a decision made in our local Employment Tribunal in Leicester allowing a Claimant an extension of time to bring his unfair dismissal claim because it was not reasonably practicable for him to claim within the usual 3 month time limit from the date of his dismissal. In this case the […]
You may have heard a rumour that the statutory dismissal procedure won’t be with us from Monday (6 April 2009). The ET1 and ET3 forms we have been using for the past few years have questions about the Statutory Procedure and are therefore changing from Monday. The Tribunal will accept the old forms for a […]
Employment Tribunals are made up of a panel of three people. The Employment Judge (formerly Chairman) is legally qualified and he sits with two lay members – one from “each side of the fence” i.e. one with an employer/business background and one with a union background. From 1 December 2008 the length of post qualification […]
Not only is it bad enough when as an employer you get an Employment Tribunal Claim, but now it would seem that you can never be too sure as to the extent of that claim. In the case of TGWU v Safeway Stores the Employment Appeal Tribunal gave authority for the notion that it will […]
