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#Employment Tribunals

Employment status and how it is determined has been an issue that has vexed the courts recently, with cases in both the employment and tax tribunals.

An individual’s employment status determines what type of protections and rights they are entitled to, and establishing status involves the consideration of many different factors.

EAT clarifies “worker” test in latest status decision

22

Jun

2022

EAT clarifies “worker” test in latest status decision

Employment status and how it is determined has been an issue that has vexed the courts recently, with cases in both the employment and tax tribunals.

An individual’s employment status determines what type of protections and rights they are entitled to, and establishing status involves the consideration of many different factors.

#Employment Tribunals

The Court of Appeal allowed Mr Smith’s appeal and held that he could recover compensation for all the unpaid holiday he had taken throughout his entire employment with Pimlico Plumbers.

Court of appeal overturns holiday pay ruling

15

Feb

2022

Court of appeal overturns holiday pay ruling

The Court of Appeal allowed Mr Smith’s appeal and held that he could recover compensation for all the unpaid holiday he had taken throughout his entire employment with Pimlico Plumbers.

#Employment Tribunals

The Employment Appeals Tribunal (EAT) have confirmed that an employer did not discriminate against a male employee by paying enhanced adoption pay but not enhanced shared parental pay. 

Statutory adoption pay not comparable to shared parental pay?

15

Apr

2021

Statutory adoption pay not comparable to shared parental pay?

The Employment Appeals Tribunal (EAT) have confirmed that an employer did not discriminate against a male employee by paying enhanced adoption pay but not enhanced shared parental pay. 

#Employment Tribunals

In the recent case of Royal Mencap Society v Tomlinson-Blake & others, the Supreme Court had to decide how sleep in workers’ working time should be calculated for the National Minimum Wage (NMW).

Sleep-in workers not entitled to national minimum wage when sleeping

31

Mar

2021

Sleep-in workers not entitled to national minimum wage when sleeping

In the recent case of Royal Mencap Society v Tomlinson-Blake & others, the Supreme Court had to decide how sleep in workers’ working time should be calculated for the National Minimum Wage (NMW).

#Employment Tribunals

The standard EC period is now 6 weeks rather than a month (but there is no longer the possibility of extending it by 2 weeks). Although this may appear to give people 2 weeks longer to submit employment tribunal claims...

This week, the rules on ACAS Early Conciliation (EC) changed

4

Dec

2020

This week, the rules on ACAS Early Conciliation (EC) changed

The standard EC period is now 6 weeks rather than a month (but there is no longer the possibility of extending it by 2 weeks). Although this may appear to give people 2 weeks longer to submit employment tribunal claims...

#Employment Tribunals

In the case of Kelly v PGA, the EAT held that an employment tribunal was wrong to make an order of re-engagement as the employer had lost trust and confidence in an employee’s ability to carry out his role, and this belief was rationally held.

Re-Engagement may not be suitable if employer has lost trust in employee’s abilities

3

Sep

2020

Re-Engagement may not be suitable if employer has lost trust in employee’s abilities

In the case of Kelly v PGA, the EAT held that an employment tribunal was wrong to make an order of re-engagement as the employer had lost trust and confidence in an employee’s ability to carry out his role, and this belief was rationally held.

#Employment Tribunals

The EAT, in J Pranczk v Hampshire County Council, had to recently decide whether a Tribunal should have identified, direct and indirect disability and victimisation claims from a claim form when detrimental treatment was alleged.

Tribunal Claims Case Closed

24

Jun

2020

Tribunal Claims Case Closed

The EAT, in J Pranczk v Hampshire County Council, had to recently decide whether a Tribunal should have identified, direct and indirect disability and victimisation claims from a claim form when detrimental treatment was alleged.

#Employment Tribunals

According to the Times this week, the government has asked the Law Commission to help design a lawful system for charging employment tribunal fees.

Are Tribunal Fees Coming Back?

18

Jun

2020

Are Tribunal Fees Coming Back?

According to the Times this week, the government has asked the Law Commission to help design a lawful system for charging employment tribunal fees.

#Employment Tribunals

In the case of Radia v Jefferies International Limited the Claimant was unsuccessful in his claims for disability discrimination.

£550,000 costs award against claimant

11

Mar

2020

£550,000 costs award against claimant

In the case of Radia v Jefferies International Limited the Claimant was unsuccessful in his claims for disability discrimination.

#Employment Tribunals

In Duncan Lewis Solicitors Ltd v Miss M Puar the Employment Appeal Tribunal (“EAT”) clarified the steps that need to be considered when considering a strike out.

Employment Tribunal reasoning required

21

Jan

2020

Employment Tribunal reasoning required

In Duncan Lewis Solicitors Ltd v Miss M Puar the Employment Appeal Tribunal (“EAT”) clarified the steps that need to be considered when considering a strike out.

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