Mobile workers – commute to and from home counts as working time

In a recent case the European Court of Justice has ruled that mobile worker’s travel time between home and job sites is classed as working time. The case concerns a security system installation company whose workers brought claims after their employer wanted travel time between home and customer to be classed as rest time. The ECJ has […]

Tribunal Watch – Select committee to review court fees

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 […]

By |2019-12-28T13:46:07+00:00July 31st, 2015|Tribunal Costs Employee, Tribunal Procedures|0 Comments

Holiday Pay – Employees miss the boat for backdated claims

When the Bear Scotland verdict was published last year many employers were wary employees could bring backdated holiday pay claims back to 1998 when the Working Time Regulations were introduced. As of 1st July if you are yet to receive a claim you are now safer from historical claims. However employers are still liable for […]

By |2019-12-28T13:46:41+00:00July 31st, 2015|Holiday Pay, Tribunal Procedures|0 Comments

GAME v Laws

The question this week is Are employee’s personal social media accounts capable of bringing an employer’s reputation into disrepute? This is the first EAT case involving Twitter. The Respondent, GAME, has over 300 stores in the UK. Mr Laws, the Claimant, was employed as a risk and loss prevention investigator and was in charge of […]

Insley V Accent Catering

This is the first Tribunal decision involving e-cigarettes in the workplace. E-cigarettes are a bit of a hazy issue for employers so we hope this week’s case will clear the air a little. The question this week is whether being suspended for smoking an e-cigarette amounts to constructive dismissal? Ms Insley, the Claimant, was employed […]

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 […]

Concurrent High Court and Employment Tribunal Claims

This case at the EAT deals with the situation where two cases with overlapping facts are listed before two different courts – in this case the High Court and the Employment Tribunal. The EAT approved a stay of the Tribunal proceedings pending the outcome of the High Court litigation. It was not appropriate for the […]

By |2019-12-29T18:11:05+00:00August 20th, 2013|Employee Advice, Employer Advice, Tribunal Procedures|0 Comments

Admissibility of Without Prejudice Negotiations

This case at the EAT held an Employment Tribunal was wrong to consider evidence of discussions during without prejudice negotiations and reduce the employee’s award on the basis that if they hadn’t been unfairly dismissed, a compromise agreement might have been reached which would have terminated the employee’s employment in any event. Although not a […]

Time extensions

The appeal of Mr Chikwe v Mouchel Group Plc against the Employment Tribunal decision that his race discrimination claim was presented out of time demonstrates how difficult it is to argue for a just and equitable extension.  The lesson here for employees is that delaying bringing claims because of waiting for the outcome of a […]

By |2019-12-29T18:14:42+00:00September 21st, 2012|Employee Advice, Tribunal Procedures|0 Comments

Employment tribunal reform

Vince Cable will announce today plans to cut the compensation limit for unfair dismissal (currently £72,300).  The proposal is to cut this to an as yet unspecified amount or an amount representing 12 months’ salary.  The rationale is that this will give employers more confidence to begin hiring. What they seem to be overlooking is […]