Last year the employment tribunal statistics reported on the first full year where no employment tribunal fees had been paid. In the first group data breach action to come before the courts, the Court of Appeal held that the supermarket is vicariously liable for the actions of a rogue employee who published the personal data, including bank and payroll information, of nearly 100,000 of his co-employees online. Richard Oulton. Will health and safety change after Brexit? Mr Heskett brought a claim of age discrimination in the employment tribunal. Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to … 2. David Cooke, FIPD RETIRED, UMIST, 1956/61. No cost, BLOG The Health and Safety Executive (HSE) has announced it is proactively checking whether transport and logistics businesses are COVID-19 secure. HR Director Tiffin vs Surrey Police (2017) The case of Tiffin vs Surrey Police was brought under discrimination on the grounds of disability and sex discrimination. Uber drivers have been successful at every stage of the legal process in arguing that they are workers and not self-employed. In amongst all this commotion, and despite the UK coming in and out of lockdown, there have also been a number of interesting Employment Tribunal decisions. However, despite mounting, BLOG It’s the announcement many employers had been waiting on for weeks, but the Prime Minister’s post-lockdown plans, unveiled yesterday, have instead brought further uncertainty, BLOG In what some are calling Sturgeon’s attempt to save Christmas, 11 council areas in Scotland, including Glasgow, will enter Level 4 lockdown from Friday, BLOG With many businesses suffering through liquidation and administration, and many more commencing downsizing procedures, the topic of redundancy has scarcely been more pertinent than, WoodhouseChurch Lane, AldfordChesterCH3 6JD, The Beacon176 St Vincent StreetGlasgowG2 5SG. We are an independent tribunal which makes decisions in legal disputes around employment law. September’s top five employment law cases. Advertising specifications The recent Employment Appeals Tribunal case of Beverley Morgan v Irish Horse Welfare Trust Limited UD53/2012. Prospect of making redundancies has negatively impacted two-thirds of leaders’ mental wellbeing. The employment tribunal system was established to provide an employee the regime in which to make a formal complaint that their employer has violated the Employment Act 2000 (the “Act”).The process was designed to encourage the parties to settle their differences wherever possible. During July, HR professionals will have heard a plethora of questions around employment status, specifically focussed on the cases of Addison Lee, Pimlico Plumbers and Uber. Employment Law. A return to semi-normality seemed on the horizon. IOSH Managing Health & Safety Risks in the Education Sector, ethical veganism amounted to a philosophical belief. If the appeal is dismissed, employers may be liable for a rogue employee’s misuse of data even where they have complied with data protection legislation. The case notes themselves are interesting to read. OH&W subscription terms. However, this judgment is unlikely to be the end of the matter as the union is seeking leave to appeal to the Supreme Court. Interesting Employment Tribunal Cases: Witness Statements and Marital Status Discrimination This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. Case studies; Good practice manual; Tool descriptions. – should be calculated on “normal” salary, not any reduced furlough pay. This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. OH&W subscriptions New rules for business, BLOG Employers’ greatest concern when making redundancies is the legal risk. The second concerns the claims limit. RSS feeds It’s been estimated that the total bill could be around £400 million. In Mr D Ferguson and others v Astrea Asset Management Ltd, four directors decided to give themselves new terms and conditions just prior to a transfer, including a guaranteed annual bonus of 50% of their salary. Here’s what’s been happening… Legal worries and mental health concerns mount as business leaders brace for redundancies, HSE carrying out COVID spot checks in transport and logistics sector, Turning a blind eye to workplace bullying | What employers can learn from the PM’s handling of Priti Patel, Tier we go again | What employers need to know about new post-lockdown rules. About . Compensation & Benefits Whilst HR teams will have had their heads down for most of the year reacting to unexpected workforce challenges, some of these cases may have flown under your radar. Nursery that sacked teacher for living with boyfriend wins appeal against religious discrimination. Payroll The Selkent principles applicable to applications to amend claims are well known. I find it puzzling that decisions to date in this case have not borne in mind that the fundamental relationship at work is between the employer and employees. In cases where the employer is heavily criticised, they might find themselves headline news if reporters trawl through a large number of judgments to find an interesting employment law story. In Ms Marshall’s case, her compensation was subject to a limit of £8,500, whereas the tribunal would have awarded her £20,000. Regulations were also made to relax the restrictions on carry over holiday from one year to the next where it was not reasonably practicable to take annual leave due to COVID-19. And if the Supreme Court agrees that they are workers, this will be the last word on the subject. 1. The EAT also confirmed that the TUPE Regulations which render void contractual variations that are solely or principally related to the transfer invalidate beneficial as well as detrimental changes. There have recently been two significant cases relating to the implementation of reasonable adjustments. In reverse order: 5. Each employee who received a letter was awarded £3,800 for each inducement offer they received, which meant that an employee who received two letters would get an award of £7,600, with the employer’s total bill for all the claimants running to over £400,000. In July, regulations came into effect to ensure that various statutory entitlements based around the concept of a week’s pay – redundancy, notice, etc. 2 Oct 2019 By PM Editorial. New early conciliation procedures were introduced on 6 May 2014 requiring that employees must get a certificate before being able to proceed with their claim in an employment tribunal. Various Claimants v Morrisons. In May, the Chancellor announced that the furlough scheme would absolutely, definitely, without any shadow of doubt end on 31 October (it didn’t). For employers and HR professionals, 2020 has been a year like no other. The changes meant that newly appointed probation officers took 23 years to progress to the top of the pay scale, instead of the previous seven or eight years. She was awarded £17,000. It is interesting that the number of such cases which reached a hearing was lower than the figure for all cases, where the statistics were: total cases closed 126,793; 38% settled via ACAS; 31% withdrawn; 14% were successful at tribunal; 10% were dismissed at the hearing; 8% were ‘disposed of otherwise’ Employers ’ greatest concern when making redundancies is the legal process in arguing they! Welfare Trust Limited UD53/2012 argument over the pay progression policy indirectly discriminated against younger probation officers like... 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