Employment Tribunal Procedure
Can You Be Dismissed For Being A Serial Complainer? The Court of Appeal are set to hear the appeal of Hope v British Medical Association (BMA) this year. The Claimant, during the course of his employment, had made numerous grievances against his senior managers which, in turn led to his dismissal for gross misconduct. Each [...]
Claimant Who Destroyed Evidence Before Damages Hearing Gets Her Claim Struck Out In the case of Kaur v Sun Mark Ltd and others, the Claimant had successfully shown the Employment Tribunal (ET) that she was a victim of sexual harassment, discrimination, and victimisation. Following an appeal by the Respondent on the Victimisation claim, the Respondent [...]
Welcome everyone and thank you for joining us for another case of the week. Last week, we examined a claim for constructive unfair dismissal. For anyone that missed it, you can find that here. This week, we look at the case of Hall v Transport for London. The Claimant was employed by the Respondent as [...]
Welcome back everyone and thank you for joining us for this week's case of the week. Before we begin, we would like to say thank you to everyone who has booked on to this year’s seminar. For those yet to book their place it will be on Tuesday 12 March and we'll be discussing all employment [...]
Hello again and Happy New Year to you all; we hope you had a wonderful break. Welcome back to our case of the week and our first for 2024! We are starting off the year with a case that looks at contractual clauses limiting the financial liability of the employer on termination of employment. For [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
