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Aug
18
2017

Claimants no longer need to “shift the burden of proof” in discrimination claims

Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime..

Aug
10
2017

Tribunal Fees: Resurrecting rejected claims?

The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions ..

Aug
04
2017

What does a “week’s pay” include for the purposes of calculating tribunal awards?

In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions. ..

Jul
28
2017

Supreme Court finds Tribunal fees to be unlawful: What will happen now?

This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of..

Jul
26
2017

Tribunal fees unlawful!

The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic..

Jul
24
2017

Potential increase to damages bands for injury to feelings

In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants can..

Jul
18
2017

ACAS Early Conciliation – Ensure the correct Respondent is identified!

In Giny v SNA Transport Limited, the Claimant brought several claims in the ET against his former employer. Before issuing his ET1 claim form, he contacted ACAS to commence early..

Jun
30
2017

Save money. Live to regret it?

Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims..

Apr
07
2017

No second bite at the cherry with ACAS early conciliation

In general, claimants are only allowed to bring Employment Tribunal claims after submitting an ACAS EC notification form and receiving an EC certificate...

Mar
31
2017

You cannot stop a clock before it starts

A recent Tribunal decision has held that time spent in ACAS Early Conciliation (“EC”) before a limitation period starts cannot extend the time limit for bringing a claim...



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