This case at the EAT, the EAT have once again found the Tribunal to have erred in law by substituting its own view for that of the employer. Tribunals should consider whether an employer has acted within the range of reasonable responses of a reasonable employer. This is a wide range and the fact that […]
This appeal to the EAT illustrates that having lost at Tribunal, the only way is not up for the losing Claimant. He may have thought things couldn’t get worse for him when he lost his Tribunal claim and he had nothing to lose by appealing, but this proved not to be the case. The Claimant […]
The EAT in the case of Gloucestershire Constabulary v Mrs Peters and Mr Peters determined that the Tribunal had erred in refusing to stay a hearing in relation to disability where the day to day activities of the employee, a service police officer, were also the subject of a police fraud investigation. The case of […]
In this case at the EAT, an employer had a narrow escape from not being allowed to defend an Employment Tribunal complaint against it because it sent an e-mail intending to present a Response (in time) but in fact presenting an unrelated document because the wrong file was attached to the e-mail. The correct document […]
I came across this from a fellow blogger on our Law Society Gazette website which employers may find of interest…
A Council worker, Duke Amachree, has lost his claim against Wandsworth Council for unfair dismissal and discrimination on the grounds of religion or belief following his dismissal for Gross Misconduct after more than 18 years service. The allegation was that he had suggested that a client with an incurable bowel condition should put her faith […]
The Telegraph reports today of HSBC’s announcement yesterday to 1,500 UK managers that ‘it would change the terms and conditions in their contracts’ to enable more flexible working so that more branches could open on Saturdays. The plans include extending Saturday working (with a day off during the week) and reduction of sick pay to […]
The answer: when there is a notice provision in the contract allowing one or either party to terminate the contract before expiry of the fixed term. This is actually quite common – for example a 12 months fixed term contract at face value suggests it will last for 12 months. However, if it is terminable by […]
Employment Tribunal Claims soared by 56% in 2009/10 over 2008/9 figures according to statistics from the Tribunal Service. Actions brought by multiple claimants saw the biggest rise at 90% which had the largest impact on the total claims in the system. These are typically the sort of claims brought by unions such as multiple equal […]
What happens if an individual is not well enough to attend Tribunal? In the case of Mr J Asim v University Hospital Birmingham NHS Foundation Trust he failed to attend Tribunal on the day of the hearing and instead made an application for an adjournment because of lack of representation and on medical grounds. This […]
This firefighter has won £80k in an unfair dismissal claim after he was dismissed for complaining about his bed being taken away and replaced by a reclining chair which he said caused him back ache. This is way above average for an unfair dismissal award. I’d be interested to know how much of it related […]
In what circumstances can employees bring claims in British courts when their employment is outside Great Britain? This issue was addressed by the EAT in the case of Ministry of Defence v Mrs Wallis and Mrs Grocott. In this case the Claimants were wives of service personnel working at NATO headquarters in Belgium and in […]
The judgment has been handed down in the EAT in a TUPE case concerning the issue of consultation, Sheena Todd v (1) M J Strain & Others (2) Care Concern (3) Mr R Dillon. In this case, the seller of a care home business gave some limited information to employees about an impending transfer but […]
