In cases involving whistleblowing and discrimination claims, a tribunal may make awards for injury to feelings and aggravated damages to the successful claimant. Aggravated damages are damages which are awarded in the most serious of cases where the behaviour of a respondent has aggravated the claimant`s injury. Case law suggests that aggravated damages can be awarded where the respondent h...
The Department of Work and Pensions (DWP) has confirmed that staging dates for small businesses (with fewer than 50 employees) will be delayed by at least a year....
The EAT in Dundee City Council v Sharp UKEATS/0009/11 has held that an employee`s length of service is not relevant to the reasonableness of an employer`s investigation in determining whether an employee should be dismissed for capability....
174 female ex-employees of Birmingham City Council have won a landmark Court of Appeal case, which ruled that their claims for equal pay could proceed in the High Court, despite being time barred in the Employment Tribunal....
Clarkslegal recently acted for the selling shareholders of Sonar Equipment Services (Holding Company) Limited in a multi-million pound disposal of the Sonar Equipment Services Group, which specialises in the supply of Geophysical, Oceanographic, ROV and Hydrographic marine survey equipment....
Public sector workers are planning to go on strike tomorrow (30 November), in response to planned pension reforms. This is likely to have an impact on your staff, particularly those with children. What do you need to be aware of?...
National rules (such as those in Germany) limiting carry-over of statutory holiday by workers on long-term sick leave, after the end of the relevant leave year, are lawful under the European Working Time Directive...
A controversial ruling by an employment tribunal has seen more than 1000 former employees of Ethel Austin miss out on redundancy pay...
The Birmingham Employment Tribunal is being asked to rule whether vicar Reverend Sharp is entitled to bring an unfair dismissal claim against the Diocese of Worcester. After moving to the idyllic rural parish of Teme Valley South in January 2005, Reverend Sharpe alleges that he was subjected to a campaign of ‘intimidation from toxic parishioners’ which led to him developing stress-re...
The Government has announced today proposals for radical employment law reforms. Some of the key proposals include:...
As reported in our previous blog, Scottish worker, Mark Lynch, sued his former employer for racial discrimiation and constructive unfair dismissal following alleged taunts about his Scottish nationality, including "sweaty sock"....
Last week, the Government published its sickness absence review report...
The Court of Appeal in Dean &Dean v Dionissou-Moussaoui has ruled that a tribunal should not necessarily award costs where "scandalous and vexatious" claims are withdrawn or struck out at a PHR on jurisdictional grounds if the claims are contested and the evidence has not been tested....
In the case of City of Edinburgh v Wilkinson, the Court of Session has held that claimants in an equal pay claim, who were employed in a variety of posts within the Council, including: schools, hostels and libraries, could utilise comparators working for the Council in different locations and posts....
In Copple & others v Littlewoods Plc & others the employer`s pension scheme had historically been closed to part- time employees...
Scottish Slaughterman, Mark Lynch, is suing his former employers for racial discrimination and constructive unfair dismissal in the Employment Tribunal after bullying allegedly forced him to quit his job. Mr Lynch alleges that throughout his seven years employment he was subjected to variety of insults from colleagues regarding his nationality, including: calling him “Jock”, “S...
The rate of Consumer Prices Index inflation in the UK fell slightly during October to 5%...
We mentioned in our article last week that the Deputy Prime Minister, Nick Clegg, announced that he wanted employers to be able to ask older staff about their performance and retirement plans, without the threat of litigation, by being able to have protected conversations...
It was decided in JGE v English Province of Our Lady of Charity that the Catholic Church could be found to be vicariously liable for the actions of a priest....
The Equality Act 2010 (“EqA 2010”) prohibits discrimination in the workplace because of religion or belief. Guidance from case law states that a” belief” must: be a belief, not an opinion; be genuinely held; be a belief as to a weighty and substantial aspect of human life and behaviour; attain a certain level of cogency, seriousness, cohesion and importance; an...