In Woodhouse v West North West Homes Leeds Ltd [2013] UKEAT0007, the EAT upheld the appeal of an employee who had brought ten internal grievanceclaims alleging race discrimination and seven separate employment tribunalclaims against his employer over a period of four years. The EAT held that theemployee`s claims were protected acts as they had not been made in bad faith. The employee`s claim...
It has been reported that the EAT has decided that the establishment test for collective redundancies is to be "disregarded" and that all employers making over 20 redundancies within a 90 day period must collectively consult, regardless of whether those employees work in one place or whether they are based at different ‘establishments`. This has huge implications for employers, particularly lar...
The Government proposed the creation of new employee shareholder contracts via the Growth and Infrastructure Bill. After two initial rejections and then gaining concessions from the Government, the Bill has become law after the House of Lords accepted the further concessions and the Bill received Royal Assent on 25 April 2013. Implementation of these changes, however, is likely to be on 1 September 2013....
The provisions relating to financial penalties on employers come into force in respect of any tribunal claim presented on or after 25th October 2013. Where an employer loses a claim (i.e. it is found to have breached any worker`s rights) and the breach has "one or more aggravating features" then a tribunal may order the employer to pay a penalty to the Secretary of State of between £100 and £...
Mr Seldon was a partner in a firm of solicitors. He brought a claim of age discrimination against them when he was forced to retire at age 65 under the partnership`s mandatory rules. Last year, the Supreme Court sent his claim back to the employment tribunal. They considered a number of issues relating to justification (the main one being whether 65 was an appropriate age for mandatory retireme...
HM Courts & Tribunal Service has announced that the date for the implementation of fees into the employment tribunals and Employment Appeal Tribunal will be Monday 29 July 2013.Subject to the necessary Parliamentary approvals, from this date all claims and appeals will be subject either to a fee or an application for fee remission. However, claims already lodged will not be subject to any fees....
Thank you to those who attended our Centenary Charity Reception at Reading Town Hall on Thursday 23rd May. We were delighted with the attendance and support in not only celebrating our centenary, but in raising profile and donations for our three nominated charities, Alexander Devine`s Children`s Hospice, Contact the Elderly and Cardiff Foodbank....
One of the many pitfalls which can arise when negotiating and exercising break clauses in leases is the condition for the rents to be paid up to date at the break date....
The ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) sets out guidance to be followed in ‘disciplinary situations` and expressly states that this includes dismissals for misconduct and poor performance. A failure to follow the Code can result in a Tribunal making either an uplift or reduction in any award (depending on who is at fault) of up to 25%. Whilst clearly s...
The Supreme Court has overturned the decisions of the EAT and Court of Appeal and held that a Methodist minister was not an employee and so could not bring an unfair dismissal claim. In the case of Methodist Conference v Preston the claimant was a superintendent minister to a group of congregations in Cornwall. She was entitled to accommodation, holiday and sick pay, a pension and a stipend (a...
The last few years have been challenging for the construction sector to say the least. Since the Recession started the existing market has become more and more competitive. Construction output is at an all-time low, The Green Deal is floundering, promised infrastructure investment seems slow to materialise, which in turn stalls recovery in the sector as a whole....
Clarkslegal LLP has advised a Reading charity on obtaining finance for its acquisition of a prominent former corporate HQ building in Reading. The deal was based on Islamic financing, structured around the principles of diminishing Musharakah....
The BBC has reported that a survey carried out by the charity Public Concern at Work has found that 60% of whistle-blowers who voice fears about their workplace receive no response at all from their managers. The survey also found that of 1,000 whistle-blowers questioned, 19% were disciplined or demoted after voicing their concerns and 15% were dismissed. The results of the survey come ahead of...
With UK immigration policy being a constant political hot potato and changes being made to the immigration rules seemingly continuously, employers may have a hard time keeping up to date. As a minimum, though, all employers should be carrying out right to work checks on their staff to avoid breaching the immigration rules. Why do the checks? Under the Immigration, Asylum and Nationality Act 200...
Where there is a ‘relevant transfer` within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), there is an obligation on both the old and new employer to inform and consult with representatives of the employees who may be affected by the transfer (or measures taken in connection with it). In Unison v Somerset County Council [2010] ICR 498, the EAT...
In her speech on the 8 May 2013 at the state opening of Parliament, the Queen announced the Home Office are to introduce more new tougher laws to tackle immigration. The announcement follows the recent major overhaul of the Immigration Rules. The Queen said an Immigration Bill will aim to "ensure that this country attracts people who will contribute and deter those who will not". There are a...
The EAT has held that the Equality Act 2010 protects individuals against post-employment victimisation. This is a change from its previous decision in Rowstock Ltd and another v Jessemey...
Clarkslegal`s legal alliance, TAGLaw, recently held its 28th international conference from May 6th through 8th in Boston. In attendance at the conference was Managing Partner David Rintoul....
Regulations have been published on tribunal fees. Fee levels are unchanged following consultation, ie a £250 issue fee, and a £950 hearing fee, for most types of claim (including unfair dismissal, discrimination and whistleblowing). Unlawful deductions and statutory redundancy payments carry a lower fee (£160 issue; £230 hearing). The BIS has confirmed that the changes to the whistleblowing laws...
This April we carried out a survey in association with GB Management Coaching Ltd. Gail Brown, the Managing Director and one of our Forbury HR Consultants, specialises in helping HR professionals fast track their career and reports on the findings of the survey....