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 [...]
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 [...]
Hello and welcome back to your weekly case law update. Is it too early to start saying weekly again? We are now in back to back updates, after all! Last week, as an apology for being incommunicado, we had three cases for you concerning holiday pay, unlawful deductions and shared parental leave.
Our next case is another update concerning tribunal procedure (cheers/groans), this time focusing on the electrifying, high-octane world of limitation dates. For those of you who aren’t familiar with how limitation works for employment tribunal claims, much of the background law is summarised in our previous update of DHL v Fazackerley. The question in this [...]
One final thing to note in this year’s update is the aggravated fine that Tribunals can impose on employers who frequently breach their employment law obligations will rise from £5,000 to £20,000. In practice, the fines are rarely imposed but do pose a substantial risk to businesses. In many cases the fine could be more […]
Tribunal fees, kryptonite to both employees and employment solicitors from 2013 to 2017. As all of you are aware fees were abolished last summer after the Supreme Court found the were unlawful due to the disproportionately high fees creating a barrier to justice, particularly for maternity, race and disability related claims. Well, this month, it […]
Our next case concerns time limits and limitation dates for ET proceedings. We rarely cover procedural cases because they don’t often impact employers and are also full of dull jargon. However, this case could be of some use. After receiving the judgment in an Employment Tribunal claim, the losing party then has 42 days to […]
Hello and welcome back to your weekly case law update. Last week we looked at constructive dismissal and pay cuts. This week we are looking at a procedural case about bringing claims out of time. A few weeks ago, we covered a case about limitation dates and ACAS Early Conciliation. Not only do prospective Claimants […]
NHS 24 v Pillar Hello and welcome back to your case law update. First off, after a glut of cases covered in September, we were unable to send out an update the past two weeks due to a dearth of relevant cases. Thankfully, that shortage is over now and we hope your updates can resume […]
To round off our newsletter we have another tale of the bizarre. This month’s tabloid fodder is slightly less controversial than previous entries – a fairly run of the mill unfair dismissal claim – however, what sets it apart from other cases is the public nature of the dispute and the method in which the […]
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 […]
Is it fair to pay male employees 2 weeks enhanced paternity pay when female employees receive 14 weeks enhanced maternity pay?
After all the election and post-election chaos we thought it was best to get back to Case of the Week, which guarantees its readers a strong and stable supply of recent case law. Last week we looked at gross misconduct. This week we have two cases for you. The first is about shared parental leave […]
TUPE, or not TUPE, that is the question. TUPE, or the Transfer of Undertakings (Protection of Employment) Regulations 2006, to give it its full name, is the protection of an employee’s rights when there is a business transfer or a change in service provider or an insourcing or outsourcing of an activity. This case will […]