Employment Tribunal Procedure

Balcerzak v George Birchall Services Ltd & Others

Hello and thank you for joining us in our case of the week. Our last update looked at a live-in carer and how their employer was left liable to unfair dismissal claims for not considering options other than redundancy. This week we look at how a small error (bizarrely, in this case there was no [...]

By |2023-06-30T07:57:59+00:00June 30th, 2023|Case of the Week - Blog, Tribunal Procedures|0 Comments

Higgs v Farmor’s School

Welcome back everyone, we hope you've all enjoyed your bank holiday weekend and are looking forward to another one! Last time we had a quick run through a complex Legal Professional Privilege case, which you can find here. This week's case looks at a strange set of circumstances where a lay member of the Employment Appeal [...]

Edward v Tavistock and Portman NHS Foundation Trust

  In case you missed it, our newsletter for March can be found here and features strike action, national minimum wage increases, and an employee who was described as a pain in the arse! In our last case law update we looked at without prejudice correspondence and how knowing the rules when drafting correspondence can [...]

Stubbs v Grafters Ltd

This week, in what has been a string of tribunal procedure case updates, we are looking at strike out applications and automatic unfair dismissal. Normally an employee would need two years’ service to bring an unfair dismissal claim. However, there are several types of dismissal that can be unfair, regardless of length of service. This [...]

Hilco Capital Limited v Harrington

Hello and welcome back to your weekly case law update. Last week we looked at the disclosure of documents and how legal advice might not be protected from legal privilege. This week we are looking at mitigation of claims. If an employee is successful in an Employment Tribunal claim then they will be awarded a [...]

University of Dundee v Chakraborty

Hello and welcome back to your weekly case law update. Last week we had our monthly update which had articles on flexible working, sexual harassment and what to expect under the Sunak government. This week’s case law update is about tribunal procedure and legal privilege. Whilst not the most high-octane of topics it does have [...]

Brooks v Pleteni & Ors

This week we are looking at the scintillating topic of tribunal procedure, specifically name of correct Respondent. It is quite common for many employees to misidentify their employer when bringing a claim. This can be for several reasons, including: The name of their employer changes over time. Documents such as payslips, contracts and company letterhead [...]

By |2022-10-27T13:03:30+00:00October 27th, 2022|Case of the Week - Blog, Tribunal Procedures|0 Comments

Rentplus UK Ltd v Coulson

This week’s case is about uplifts to tribunal awards under Section 207A Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Under Section 207 TULCRA an Employment Tribunal can award an uplift of up to 25% to a compensatory award for an employer’s failure to ACAS Code of Practices relating to disciplinary, redundancy or grievance [...]

Steer v Stormsure Ltd

This week we look at a case to see if a big change to discrimination claims could be on the way. Introduction The EAT have recently handed down a judgement stating that the current impossibility of claiming interim relief in a discrimination claim is contrary to the European Convention on Human Rights (ECHR). Brexit will [...]

Mr C H Tan v Copthorne Hotels Ltd

  Today’s case considers a hefty costs order of almost half a million pounds, and raises some important points in relation to employment tribunal rules as well as etiquette. Mr. Tan was employed by Copthorne Hotels as a Senior Vice President of Procurement. He had been with the company for 5 years, before being made [...]

Pranczk v Hampshire County Council

Another Friday and to see you through the melting heat and into the garden for a glass or bottle of vino we have another case law update for you. It seems that the Tribunal is churning out a lot of procedural cases over the COVID epidemic. Last week’s case may have been expletive laden but [...]

Wilson Barca LLP & Barca & Rajananth v Shirin

After a brief break, your case law update returns and will resume normal service of weekly updates henceforth (cheers/groans). Going all the way back to May, our last case law update looked at tribunal procedure, specifically dismissing a claim and awarding costs in the event a party does not attend the hearing. Whilst we have [...]

Lowri Beck Services Ltd v Brophy – Appeal

The question this week is: Can a misunderstood termination date justify an extension of a Claimant’s limitation date? Is it sensible to appeal a decision on the above to the Court of Appeal? Lowri Beck Services Ltd v Brophy Mr Brophy, the Claimant, was dismissed by Lowri Beck Services, the Respondent, over the telephone on [...]

Lowri Beck Services Ltd v Brophy

This week we are looking at tribunal procedure and limitation dates. The case is actually one we have covered when it was a mere Employment Tribunal claim, since then the employer has appealed the decision in both the EAT and Court of Appeal. Limitation dates are the final date a Claimant has to commence ACAS [...]