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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 today, finding harrassment and failure to make reasonable adjustments. See the full circumstances of the caseat [...] 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 way of background, Peninsula is probably one of the biggest employment litigators in the country. [...] 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 figure refers to claims to particular jurisdictions, rather than the number of ET1s). Six thousand less [...] 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 following circumstances: (i) the paying party has in bringing the proceedings, or [...] 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 for the money instead. Where they are of use to the employee is where they had [...] 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 proceed to a full hearing that result in a costs order against the Claimant is less [...] 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 at a grievance or disciplinary meeting by a fellow employee or a trade union representative. [...] 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 Judge and a response sent out the same day if it’s urgent, and there’s none [...] 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 wonderful to arrive at the hearing of the claim, get the original document in the employer’s [...] 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 new blog from the firm of Ruthie, one of the UK’s founding blawgers. Toulson LJ states: It [...] |
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