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 [...]
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 […]
Hello and welcome back to your weekly case law update. Last week we had our monthly Employment Law Update, with features on Justin Welby, mental health & safety and equal pay. There was also a feature on tribunal statistics which mentioned a possible time lag for sexual harassment claims. Well, this week we have a […]
Since the abolition of Tribunal fees last year, the number of Tribunal claims have predictably increased. For the April-June 2018 period, claims are up by 165% from the same period in 2017. Meanwhile, nearly twelve and a half thousand fee refund payments have been made equating to around £10m. The figures show that the average […]
Since ET fees were abolished last summer, it will come as no surprise to hear that claims have increased. Statistics gathered by ACAS suggest claims progressing to Tribunal have increased by 39% since fees were abolished in July 2017. This coincides with Ministry of Justice data which suggest claims have increased by 118% since January […]
Employment Tribunal Fees: £1.8 million refunded in 2 months One of the biggest issues facing employment law in recent years has been the access to justice barrier created by Tribunal Fees. Last summer, following a claim lodged by Unison, fees were abolished and a scheme was set up to repay those unlawfully charged fees – […]
As many of you will know, in July the Supreme Court ruled that Tribunal Fees were unlawful. Whilst a barrier to justice has been lifted for future tribunal users, the issue of repayment for those unlawfully charged a fee remained unresolved. The Government has launched its scheme for re-imbursement. Successful applicants will receive a full […]
A v B | Should Claimants who paid a fee to bring their claim be entitled to that money back from the Respondent as part of their award?
A v B Our second case is about another hot topic in employment law, Tribunal Fees. Despite being recently removed from the ET website this case posed an important question: Should Claimants who paid a fee to bring their claim be entitled to that money back from the Respondent as part of their award? Little is […]
Last month the Supreme Court ruled that Tribunal fees were unlawful leading to them being scrapped. One issue this raised was what would happen to cases that did not proceed because of failure to the fee. In Dhami v Tesco Stores Ltd it appears that Claimant has been successful in arguing that her case should be reinstated […]
The Magna Carta, one of Britain’s oldest pieces of constitutional legislation, states that, ‘To no one will we sell, to no one deny or delay right or justice.’ In July 2013, as part of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, Tribunal Fees were introduced. The fees meant prospective Claimants would […]
Nursing and Midwifery Council v Harrold: Can a serial litigator be prevented from making future claims?
Welcome back to Case of the Week. Last week we looked at constructive dismissal and this week we have two cases for you. The first concerns serial litigators, a very rare topic since the introduction of court fees and the second is about religion/belief discrimination. The question from this case is: Can a serial litigator be prevented […]
Court fees have been highly contentious since they were first introduced in July 2013. The fees were initially introduced to ease the burden of the court service on the exchequer and also prevent petty and vindictive claims. However, since their introduction there has been an alarming drop in the number of claims, which were down […]