Latest EAT Judgments- Central Manchester University Hospitals NHS Foundation Trust v Browne (Race Discrimination : Inferring discrimination) [2011] UKEAT 0294_11_1002 (10 February 2012)
- HM Land Registry v Benson & Ors (Age Discrimination : no sub-topic) [2011] UKEAT 0197_11_1002 (10 February 2012)
- Chelmsford College Corporation v Teal (Jurisdictional Points : Continuity of employment) [2011] UKEAT 0277_11_0701 (7 February 2012)
- Bivonas LLP & Ors v Bennett (Sexual Orientation Discrimination or Transexualism) [2011] UKEAT 0254_11_3101 (31 January 2012)
- Odukwe v The Partners of Hoare Lea Consulting Engineers (Jurisdictional Points : 2002 Act and pre-action requirements) [2012] UKEAT 0547_10_2701 (27 January 2012)
- Amin v Wincanton Group Ltd (Jurisdictional Points : 2002 Act and pre-action requirements) [2011] UKEAT 0508_10_2501 (25 January 2012)
- Nelson v Clapham & Anor (t/a Claphams Solicitors) (Unfair Dismissal : Contributory fault) [2012] UKEAT 0037_11_2401 (24 January 2012)
- Roberts v North West Ambulance Service (Disability Discrimination : Reasonable adjustments) [2011] UKEAT 0085_11_2401 (24 January 2012)
- O' Cathail v Transport For London (Practice and Procedure : Case Management) (Rev 1) [2011] UKEAT 0247_11_1301 (13 January 2012)
- Scottish Ambulance Service v Truslove & Anor (Working Time Regulations) [2012] UKEAT 0028_11_1201 (12 January 2012)
Category Archives: Employment Tribunal
When can the Tribunal order reinstatement or re-engagement?
Unfair dismissal law was originally written, and is still phrased, such that the primary remedy for unfair dismissal is an order for reinstatement or re-engagement, rather than compensation. They are however a minority, the vast majority of Claimant employees opting … Continue reading
Posted in Disciplinary, Employment Tribunal, Reinstatement & Re-engagement, Remedies
Tagged Employment Tribunal
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The truth on costs orders in the employment tribunal
The excellent Employment Tribunal Claims blog (which I shall now belatedly add to my blogroll), has performed some analysis on the frequency and amount of costs orders in the tribunals. In summary, they report that the percentage of cases which … Continue reading
Article 6 right to legal representation in disciplinaries
It’s a common request – “Can I bring a solicitor to my disciplinary?” – and a surprise to many employers that they have a right to refuse. There is a right under the Employment Relations Act 1999 to be accompanied … Continue reading
Tribunals Service
Unlike many areas of the justice system (read: the hideously understaffed County Courts) I’ve never had a problem dealing with the Tribunals Service. There seems to be an appropriate staffing level, you can get a fax looked at by a … Continue reading
Don’t lie beyond your intellectual capacity…
One of my colleagues in chambers had a case recently where the employer claimed to have completed and issued a proforma written warning in mid-2007. The employee claimed never to have seen the document before the tribunal proceedings. So how … Continue reading
Will ignorance of the law become an excuse?
The recent case in which Counsel for Revenue & Customs had to apologise to the Court of Appeal for relying on regulations that were five years out of date has drawn much comment. For a report, see Frisby Law, a … Continue reading
Posted in Dispute Resolution regulations, Employment Tribunal, Lawyers, Rambling
Tagged Employment Tribunal
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Annual Limits Increase details released
The most common limits increase as follows: The cap on a week’s pay for Statutory Redundancy Payments, the basic award, and related purposes – up from £330 to £350; Maximum compensatory award on a finding of unfair dismissal – up … Continue reading
Posted in Disciplinary, Employment Tribunal, Redundancy, Remedies, Unfair Dismissal
Tagged Employment Tribunal, Unfair Dismissal
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Tribunal Respondents’ details to be made public
Until 2001 there existed a register of Respondents to employment tribunal claims – or applications as they were known then. This practice discontinued in 2001, partly because of employers being uncomfortable that even having a claim can cause negative stigma, … Continue reading
Unpaid Tribunal Awards – A role for government enforcement?
Citizens’ Advice have released a report called Justice Denied, which claims that as many as 1 in 10 tribunal awards are never paid. The gist of the report is that: the present system of enforcement of tribunal awards, by registration … Continue reading
Delay in judgments
A civil justice review in Ontario once said: Unreasonable delay in the disposition of disputes is, indeed, ‘the enemy of justice and peace in the community’. It leads inevitably to unreasonable costs. It breeds inaccessibility. It fosters frustration, and frustrates … Continue reading