The EAT case of Linda McWilliam & Others is a useful decision for any employers facing mass claims (in this case in respect of equal pay but could apply equally to redundancy etc) when they wish to direct employees to specific adviser(s) to sign off on the compromise agreements. In this scenario, is the adviser […]
This case at the EAT deals with the situation where two cases with overlapping facts are listed before two different courts – in this case the High Court and the Employment Tribunal. The EAT approved a stay of the Tribunal proceedings pending the outcome of the High Court litigation. It was not appropriate for the […]
With the end of the 2010/2011 tax year drawing to a close in the next few days, some higher rate tax paying employees may find it beneficial to agree with their employers to extend their employment in to the next tax year. Whether this trick will work will depend on individual circumstances. PJH Law provide […]
Sharon Shoesmith’s appeal against her dismissal as Director of Children’s Service is being heard today at the Court of Appeal (read more here). She is arguing that she was denied a fair hearing and refers to Ed Balls’ announcement that he was directing the Council to dismiss her on the basis of the ‘damning’ Ofsted […]
The latest story to hit the headlines about Facebook concerns comments made by Essex police not realising they could be seen by members of the public. The officers made inappropiate comments which are now being investigated as misconduct. You can read the full story here. The rules about Facebook it seems to me are simple. […]
In Ezsias v Glamorgan NHS Trust the EAT grapples with the issue of whether a relationship breakdown involving a senior Consultant should be dealt with by way of the disciplinary procedure. Given that the disciplinary procedure is to deal with behaviour and conduct over which an individual has control, the question posed is almost philosophical. […]
The Telegraph have run an article today summarising redundancy rights for employees. A useful starting point (alongside Business Link) but for more specific tailored advice do call!
The decision of the EAT in First Scottish Searching Services Ltd v Mr T McDine and Mr JP Middleton may bring some comfort to employers looking to make redundancies following a TUPE transfer. The Tribunal found that dismissals following the transfer were unfair in the absence of ‘some system of moderating’ two sets of scores […]
A good friend, as part of World Book Day on Saturday, was handing out free copies of “All Quiet on the Western Front.” What reading novels ingrains into the reader is the habit of connecting the dots. In a novel it is rare for all the action to be committed to the page. Most novels […]
…are very rarely allowed in. The three months time limit is strictly applied. Remploy Limited and Brain re-emphasises the principle that the 3 month time limit must be adhered to by Tribunals. Here Mrs Brain had come up with the time honoured excuse ( at least it’s one I have heard frequently) that a Solicitor […]
Whilst this case may be of limited legal interest it is certainly colourful enough in detail to be of general interest. In short, butler and housekeeper sacked after serving roast chicken to property tycoon at 6pm instead of 7pm. Tribunal still ongoing. Press reporting of these cases (taking into account the paper in question) always […]
However Tribunals can award costs where a party has conducted itself unreasonably. Case law to date has held, for example, that lying in evidence at the Tribunal amounts to unreasonable conduct (Daleside, Dunedin) . This firm successful obtained a costs order for £5k against a Claimant last year where he was found to have lied […]
BIS have published today new guidance for employees relating to their entitlement upon the insolvency of their employer. A useful starting point…
