Tag Archives: Employment Tribunal

Riam Dean wins disability claim against Abercrombie & Fitch

Riam Dean’s disability discrimination claim against Abercrombie & Fitch alleged that she had been pulled from the shop floor back to the stockroom: her prosthetic arm didn’t accord with the company’s “look” policy. The tribunal has found in her favour … Continue reading

Posted in Discrimination, Employment Tribunal | Tagged | 9 Comments

Peninsula – apparent bias by Employment Judge

A number of sources have picked up on the recent case in the EAT concerning Peninsula Business Services, and their (now successful) claim that an Employment Judge should have recused himself on the basis of apparent bias against them. By … Continue reading

Posted in Employment Tribunal, Solicitors | Tagged , | Leave a comment

Acas Annual Report 2008/2009

Acas have released their annual report, and many of the statistics make for interesting reading. It shows that the number 0f claims referred to them by the Employment Tribunals fell overall from 151,249 in 2007/2008 to 138,535 in 2008/2009 (that … Continue reading

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Costs in the Employment Tribunal

Two recently reported decisions on costs Daleside Nursing Home Ltd v Mathew [2009] UKEAT and Verma v. Harrogate & District NHS Foundation Trust & Anor [2009] UKEAT. By way of reminder, the jurisdiction to order costs in the Tribunal arises in the … Continue reading

Posted in Costs, Discrimination, Employment Tribunal, Remedies | Tagged | 1 Comment

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 | 1 Comment

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

Posted in Employment Tribunal | Tagged | 3 Comments

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

Posted in Disciplinary, Dispute Resolution regulations, Employment Tribunal, Lawyers, Trade Unions, Unfair Dismissal | Tagged , | 1 Comment

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

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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

Posted in Employment Tribunal, Rambling | Tagged | 1 Comment

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 | 1 Comment