SPI Spirits (UK) Limited & Yuri Shefler v Zabelin

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 [...]

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 [...]

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 [...]

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 [...]

Chelmsford Unisex Hair Salon Ltd v Grunwell

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 [...]

Mr Radia v Jefferies International Limited

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 [...]

Phoenix House v Stockman

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 […]

April Employment Law Update – Redundancy Pay & Tribunal Awards

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 […]

By |2019-12-28T13:01:28+00:00March 29th, 2019|Redundancy, Tribunal Awards|0 Comments

Tribunal Awards – 2018 Limit Increases

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 […]

By |2019-12-28T13:05:53+00:00February 23rd, 2018|PJH & Industry News, Tribunal Awards|0 Comments

Can multi-dimensional treatment foster carers be employees of the local authority whom they foster for?

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 […]

Taylor v Ladbrokes Betting & Gaming Ltd – Is diabetes type 2 classed as a disability?

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, […]

By |2019-12-28T13:14:57+00:00May 19th, 2017|Disability Discrimination, Tribunal Awards|0 Comments

Holmes v Qinetiq Ltd – Can an employee who wins their unfair dismissal claim be awarded an uplift by the Tribunal if the employer failed to follow the ACAS Code of Practice?

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 […]

Santos Gomes v Higher Level Care Ltd – Working Time Regulations

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 […]

Maximum Unfair Dismissal Award & Redundancy Pay/Basic Award Increase

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 […]