Author Archives: Usefully Employed

Heat of the moment – withdrawing a dismissal or resignation

In Kwik-Fit (GB) Limited v Lineham [1992] IRLR 156 Wood J said: “Words may be spoken or actions expressed in temper or in the heat of the moment or under extreme pressure (“being jostled into a decision”) and indeed the … Continue reading

Posted in Contracts of Employment, Unfair Dismissal | Leave a comment

Would Shirley Sherrod’s dismissal have been fair in the UK?

In the US, agriculture department official Shirley Sherrod was forced to resign within 24 hours of a video being posted online relating a past incident from her career: “I was struggling with the fact that so many black people had … Continue reading

Posted in Reinstatement & Re-engagement, Unfair Dismissal | 3 Comments

Bumper year for Acas

The 2009/2010 report for Acas has been released. It reveals the service: dealt with over 900 collective actions (usually industrial action or collective redundancies); provided conciliation in over 85,000 employment tribunal actions – its highest ever number, and 13% more … Continue reading

Posted in Acas, Employment Tribunal | Leave a comment

Costs against a fraudulent or lying Claimant

In Nicolson Highlandwear Ltd v Nicolson (Practice and Procedure : Costs) [2010] UKEAT the tribunal found that the Claimant’s dismissal, whilst automatically unfair, was by reason of his “prima facie fraudulent intromissions with the Respondent Company’s business”, and his compensation … Continue reading

Posted in Costs, Employment Tribunal | Leave a comment

BA Cabin Crew to bring race discrimination claim

The Guardian reports that: A group of BA flight attendants is claiming that the removal of discounted travel from strikers discriminates indirectly against employees based in Scotland, Ireland and mainland Europe who use the scheme to commute to and from … Continue reading

Posted in Discrimination | 2 Comments

You always leave traces

A cautionary tale not unlike my previous posts: Purporting that a written warning was issued in 2007, when in fact you used a 2008 proforma but tippexed out the 2008, only to humiliatingly be asked to hold it up to … Continue reading

Posted in Ramblings | 2 Comments

Simon Hughes hints at gay marriage change

“We should be able to get there in this parliament.” There is not yet a clear coalition line. David Cameron’s pre-election promise to look at the issue was criticised as a rather last-minute sop to a community many of which … Continue reading

Posted in Uncategorized | Leave a comment

Equality Act 2010: Ready Reckoner & Article Series

Acas has issued a useful table showing where discrimination law stays the same, changes, or is new entirely following implementation of the Equality Act. Usefully Employed has produced a web-based version of the table, which will be amended to include … Continue reading

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National Minimum Wage – new government approves increase and new apprentice rate

The Conservative party was a vociferous opponent of the introduction of a National Minimum Wage. As long ago as 1991 Michael Howard, then Employment Secretary, rejected calls for its introduction with a claim that it would “cost two million jobs.” … Continue reading

Posted in National Minimum Wage | Leave a comment

Equality Act 2010 – there is an actual devil in the detail

Section 60(9) of the Equality Act 2010: “Work” means employment, contract work, a position as a partner, a position as a member of an LLP, a pupillage or tenancy, being taken as a devil, membership of a stable, an appointment … Continue reading

Posted in Discrimination, Lawyers, Rambling | Leave a comment