Balcerzak v George Birchall Services Ltd & Others

Hello and thank you for joining us in our case of the week. Our last update looked at a live-in carer and how their employer was left liable to unfair dismissal claims for not considering options other than redundancy. This week we look at how a small error (bizarrely, in this case there was no [...]

By |2023-06-30T07:57:59+00:00June 30th, 2023|Case of the Week - Blog, Tribunal Procedures|0 Comments

Stubbs v Grafters Ltd

This week, in what has been a string of tribunal procedure case updates, we are looking at strike out applications and automatic unfair dismissal. Normally an employee would need two years’ service to bring an unfair dismissal claim. However, there are several types of dismissal that can be unfair, regardless of length of service. This [...]

University of Dundee v Chakraborty

Hello and welcome back to your weekly case law update. Last week we had our monthly update which had articles on flexible working, sexual harassment and what to expect under the Sunak government. This week’s case law update is about tribunal procedure and legal privilege. Whilst not the most high-octane of topics it does have [...]

Brooks v Pleteni & Ors

This week we are looking at the scintillating topic of tribunal procedure, specifically name of correct Respondent. It is quite common for many employees to misidentify their employer when bringing a claim. This can be for several reasons, including: The name of their employer changes over time. Documents such as payslips, contracts and company letterhead [...]

By |2022-10-27T13:03:30+00:00October 27th, 2022|Case of the Week - Blog, Tribunal Procedures|0 Comments

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 [...]

Current Affairs: Comparing the Leader’s Debate to Giving Evidence in Tribunal

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 [...]

By |2019-12-24T17:05:12+00:00November 29th, 2019|Tribunal Procedures|0 Comments

Red Ninja Ltd v Succu

  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 [...]

Science Museum Group v Wess

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.

Lowry Beck Services Ltd v Brophy

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 [...]

April Employment Law – Aggravated Fines

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 – Reintroduction Mooted

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 […]

By |2019-12-23T19:44:40+00:00November 29th, 2018|Tribunal Procedures|0 Comments

Haydar v Pennie Acute NHS Trust

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 […]

By |2019-12-23T20:01:04+00:00August 2nd, 2018|Case of the Week - Blog, Tribunal Procedures|0 Comments

DHL Supply Chain Ltd v Fazackerley

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 […]

Can a dismissal be fair if investigation is based on previous misconduct incidents?

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 […]