HR Articles

It used to be the case that recovering costs within the employment tribunal was an exception rather than the rule, and whilst the threshold for recovering costs still remain high, it seems that there has been somewhat of a shift.

In the first appellate decision on the scope of settlement negotiations under s.111A Employment Rights Act 1996 (Faithorn Farrell Timms LLP v Bailey) (“Bailey”),

In practice, although reinstatement (and reengagement) orders are theoretically the first remedy that should be considered by a tribunal, they are ordered in less than 1% of cases.

This is one of the conclusions reached by the House of Commons Justice Committee ("Justice Committee") in its recent report.

Early conciliation is a free service offered by ACAS. It was previously available on a purely voluntary basis, however, from May 2014 it became mandatory to contact ACAS before lodging a claim.

The case of Santos Gomes v Higher Level Care Ltd has made clear that compensation arising out of an employer’s failure to provide statutory rest breaks under the Working Time Regulations (WTR) does not extend to ‘injury to feelings’.

The recent case of Lincolnshire County Council v Lupton has highlighted the need for Tribunals to consider the practical implications of re-engagement and ensure that any terms of re-engagement are expressed with a suitable degree of detail and precision.