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 [...]
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’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 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 [...]
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 [...]
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 […]
On 6th April, the amount of money a Tribunal can award will also increase. The new rates are as follows: Week’s pay (for purposes of calculating redundancy pay and Tribunal basic awards) – £525.00 Maximum basic award for unfair dismissal and statutory redundancy payment – £15,750.00 Minimum basic award (for health & safety and trade […]
Our final legislative update for this month concerns the Tribunal Awards. Every year Tribunal Awards are increased in line with inflation. The current rates will increase on 6th April 2018 The new Tribunal Awards rates will be: The maximum week’s pay (for redundancy payments and the unfair dismissal basic award) will increase £508 from £489 […]
Welcome back to your weekly case law update. Last week we looked at two cases, one of them concerning equal pay, the other a right to privacy. The latter of those cases was an ECHR case that could have significant impact on email and social media monitoring both during recruitment and the course of employment. This week […]
Welcome back to your weekly update. We can’t bring you sunny weather but we can bring you an interesting case on disability discrimination! The Question today is: Is diabetes type 2 classed as a disability? Under the Equality Act you are disabled if you have a physical or mental impairment that has a substantial, adverse, […]
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 […]
In PJH Law’s last case of the week before the referendum, we have a case involving law derived from an European Directive and interpretation of both the EU Directive and the UK implementation of that directive. Santos Gomes v Higher Level Care Ltd – http://www.employmentappeals.gov.uk/Public/Upload/16_0017rjfhEHRN.doc The Working Time Directive is an EU directive which sets […]
With effect from 6 April 2014, the maximum unfair dismissal compensatory award will increase from £74,200 to £76,574. Should employers lose sleep? Not really – the 29 July 2013 cap of a year’s pay still applies to those who earn less than £76,574 per year which means the change will only affect claims made by […]
