Employment tribunal reform

Employment Relations Minister, Edward Davey, has today announced a pilot scheme for two regional mediation networks in Cambridge and Manchester for small and medium size enterprises.  BIS will fund mediation training for employees from a group of 24 SME’s in each area and a network of trained mediators will be available to provide mediation to […]

By |2019-12-29T18:23:47+00:00January 23rd, 2012|PJH & Industry News, Tribunal Procedures|0 Comments

Striking out of Tribunal claims

The EAT case of Mr Sharma v New College Nottingham may be a useful point of reference for practitioners if faced with a strike out application. The EAT determined that where there are underlying disputes of fact, the Employment Tribunal should not rely solely on the contents of contemporaneous correspondence as sufficient to conclude that […]

By |2019-12-29T18:24:09+00:00January 20th, 2012|Tribunal Strike-Outs|0 Comments

Redundancy – unreasonable refusal of suitable alternative employment

The EAT case of Mrs Readman v Devon Primary Care Trust reminds us that, when considering whether an employee has unreasonably refused an offer of suitable alternative employment (and thereby lost the right to a statutory redundancy payment), the question is not whehter a reasonable employee would have accepted but is whether that particular employee […]

By |2019-12-25T16:10:28+00:00January 18th, 2012|Redundancy|0 Comments

Limits on Executives’ Pay

The BBC reports here that David Cameron has pledged to make it more difficult for executives to effectively award themselves disproportionately high pay rises. He has also promised to tackle large payouts for executives dismissed for poor performance. The latter posses an interesting question as often the reason executives receive large payouts is because that […]

By |2019-12-25T16:10:58+00:00January 9th, 2012|Pay Ratio Reporting, Settlement Agreements|0 Comments

Pension Loss

With final salary pension schemes almost extinct in the private sector and being diminished in the public sector, pension loss for a public sector worker can be a high value part of any successful claim. The difference between adopting the substantial loss approach (stable, long term employment that has been lost by a worker close […]

By |2019-12-25T16:11:19+00:00January 5th, 2012|Pension Rights, Unfair Dismissal|0 Comments

Without prejudice legal privilege

The EAT have overturned, in the case of Eversheds LLP v Mr Gray,  an Employment Tribunal ruling that certain without prejudice communications between parties representatives should be heard in public. Judge Clarke comments ‘It is in the interests of justice that partices to civil disputes may enter into negotiations with a view to resolving such […]

By |2019-12-29T18:24:24+00:00January 4th, 2012|Tribunal Procedures|0 Comments