Employment Tribunal Procedure
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
There is no question this week but this case serves as a classic example of way an ostrich approach to Tribunal defences is not a good strategy. Ms Grunwell, the Claimant, bought claims for unpaid holiday and maternity discrimination against Chelmsford Unisex Hair Salon, the Respondent. Her claim alleged she was dismissed by the Respondent [...]
Well like most supermarkets Morrisons will be busy, their tills will be ringing with the sound of hoarded toilet roll, rare as anything liquid hand gel and scarce as hen’s teeth, plain flour. Today the Supreme Court held that Morrisons are not vicariously liable for the criminal act of a payroll manager who sold Morrisons [...]
This week’s case is a reminder that Employment Tribunals do have the power to award costs. It is also a reminder that if an Employment Tribunal throws the book at a party to proceedings, the book can be hard, heavy and cause a substantial financial bruise. The questions posed by this week’s case are: In [...]
We have already covered a few big cases of the year, including the BBC equal pay case from two weeks ago. However here are a few cases to look out for in 2020: Aslam v Uber: The Supreme Court will finally give definitive and, more importantly, unappealable judgment on the employment status case of Uber drivers. Currently [...]
Ah, you may have thought that this month would have an employment law spin on the election. That content is for seminar attendees only I’m afraid! Instead we thought we would highlight something that often comes up when preparing clients for Tribunal hearings. The most stressful thing for any witness, whether employee or employer, is [...]
Our next case, despite having the word ninja deceptively placed in the title, concerns the not always exciting topic of employment tribunal procedure. For those looking for something a touch more light-hearted why not check out our lighter side of the news feature from last month’s employment law update. The questions in this case [...]
Our next case concerns tribunal procedure and awards. The questions in this case are: Can the Employment Tribunal reduce an award if the employee makes a covert recording? Can making a covert recording amount to gross misconduct? Ms Stockman, the Claimant, was a Russian national who worked for Phoenix House, the Respondent, a charity that […]
Since Tribunal Fees were abolished in 2017 the number of claims lodged has doubled. Unfortunately, the abolition of fees and increase in claims has coincided with budget cuts to the Tribunal system leading to many venues closing, including Bedford and Huntingdon. This means that there are more claims but fewer venues and judges to hear […]
