King v Royal Bank of Canada (RBC) illustrated that finding a dismissal was genuinely based on the grounds of redundancy, does not remove the need to consider the remedies of reinstatement or re-engagement. In this case, Ms King was dismissed as a consequence of redundancy. Incidentally, the dismissal was deemed to be automatically unfair as the employer failed to follow the statutory...
Employees can be awarded compensation for loss of earnings at Tribunal but they are also under a duty to mitigate their loss. This means that employees need to apply for jobs and accept job offers where they can. Once an employee has started new employment, their compensation for loss of earnings will usually stop at this date....
Celia Elizabeth Farnon, a Hedge Fund Manager has filed a High Court claim against a law firm who advised her in relation to a discrimination claim against her former employer....
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 (SI 2007/1166) ("the LGPS Regulations") regulates the position on ill-health early retirement ("IHER") for the Local Government Pension Scheme ("LGPS")....
Munir Patel, a clerk in the Redbridge Magistrates Court, has become the first person to be prosecuted and convicted under the Bribery Act 2010 after admitting to bribery and misconduct in a public office....
The Court of Appeal has upheld the EAT`s decision in CF Capital v Willoughby concluding that an employer was unable to withdraw notice of termination given to an employee as a result of a "misunderstanding." CF Capital sought to rely on the "special circumstances" exception which would allow the employer to retract the notice. However, the Court of Appeal (in agreement with the EAT) held that the notice given by the employer was clear and unambiguous and provided a clear intention to terminate....
In Ram v J D Wetherspoon PLC UKEAT/0080/11 the EAT considered the effect of the expiry of an employee`s work permit on damages for unfair dismissal, where the employee had applied for indefinite leave to remain in the UK....
Following their dramatic exit from last weekend`s X Factor live shows, one half of the band `2 Shoes`, Charley Bird, has given an interview (reported on the Mail Online website) stating that it would be `really, really wrong` if her pregnancy was the reason that judge Tulisa Contostavlos chose to send the group home....
Regulation 4(4) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) ("TUPE") provides that if an employer seeks to vary an employee`s employment contract following a TUPE transfer, that variation will be void if the sole or principal reason is the transfer itself....
Changing terms and conditions after a TUPE transfer can be tricky. If the terms are being changed because of the transfer itself or for a reason connected with the transfer which is not an economic, technical or organisational reason entailing changes in the workforce then TUPE renders the change void....
In order to appeal a Tribunal decision to the Employment Appeal Tribunal (EAT) an appellant must serve a Notice of Appeal. A judge or Registrar will review the Notice of Appeal and decide whether the appeal can be heard....
The Employment Appeal Tribunal (EAT) has held in Cordell v Foreign & Commonwealth Office UKEAT/0016/11 that refusing to provide a deaf employee with English lipspeaker support was not a failure to make reasonable adjustments because the cost of providing such support was unreasonable. The Claimant in this case had accepted a promotion to a role in Kazakhstan. Her employer had provided...
According to the findings of research by Andras Tilcsik, a Harvard social scientist which was reported on the Mail Online website this week, job applicants who submit a CV which notifies potential employers of their homosexuality are 40 per cent less likely to get called for an interview. The results of Mr Tilcsik’s research was compiled by his sending out two sets of CVs to 1,769 US compa...
In a judgement passed on 4 March 2011 in Hashman v MiltonPark (Dorset) Ltd t/a Orchard Park, an employment Tribunal held that a beliefin the sanctity of life, extending to a fervent anti-fox hunting belief,constituted a philosophical belief for the purposes of the Religion or BeliefRegulations (now enshrined in the Equality Act 2010). However, the Tribunal stressed that its decision was...
The use of social media can be a minefield, creating many issues for employers which are increasingly being seen in Tribunals. Employers who ignore the rise of this medium do so at their peril....
In a case which highlights the importance of having clear, unambiguous and well publicised policies, and then abiding by them, the EAT had held that an employee who consumed alcohol during working hours was unfairly dismissed....
After the Employment Equality (Repeal of Retirement Age Provisions) Regulations it is now no longer legally possible for employers to retire their employees automatically when they reach the age of 65....
George Osbourne announced today at the Conservative Party conference in Manchester that the qualifying service for unfair dismissal will increase from one year to two years. This change will take effect in April 2012. While many employers may welcome this change others have suggested that claimants will bring more disrcimination claims in the Employment Tribunal if they cannot bring unfair...
Currently claimants can start claims in the Employment Tribunal without paying any fee, however fees are common in the court system. The Chancellor announced at the Conservative Party Conference that from April 2013 the following fees will be introduced in the Employment Tribunal System and claimsnts will have to pay; £250 when applying to a tribunal and a further £1000...
Despite its red tape review stating that the increase in the qualifying period of employment need to bring a claim of unfair dismissal in the Tribunal would be increased to 2 years, the Government has announced that the increased is not yet definite. The review paper stated "We are increasing the qualifying period for employees to be able to bring a claim for unfair dismissal from one to two year...