Is Dismissal for Persistent Lateness Fair?
Can you dismiss an employee for persistent lateness? You can as long as you show that you followed procedure, ruled the Employment Tribunal. The case of Ghartey v Royal Museums Greenwich recently asked the Employment Tribunal to resolve this question after Mr Ghartey, a former visitor assistant at the museum, was dismissed from his role […]
Nicknames and Discrimination in the Workplace
An Employment Tribunal has awarded more than £63,000 to a salesperson nicknamed “Gramps” by his colleagues. The Tribunal found that Mr Dove suffered discrimination in the workplace and was ultimately dismissed because of his age. Mr Dove was a long-serving salesperson for a jewellery manufacturer before his dismissal at age 60. The Head of Sales […]
Father denied full pay during shared parental leave
A father in Glasgow is celebrating a £30,000 tribunal win for sex discrimination, after his employer would only pay him statutory pay during shared parental leave, although mothers receive full pay. The employment tribunal heard that the Network Rail employee David Snell and his wife, wanted to take advantage of the opportunity of shared parental […]
Court of Appeal Rules to Keep Employment Tribunal Fees
The Court of Appeal has dismissed a third bid by Unison to overturn the introduction of Employment Tribunal fees. The Court dismissed the union’s case for a judicial review of the fees on the grounds of insufficient evidence. Employment Tribunal fees have been the subject of controversy since their introduction in July 2013. The sharp decline in […]
Proposed TUPE Changes
In response to consultation on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) the changes that are due in January 2014 are to make sure both employers and employees are treated fairly when a transfer takes place. The driving force behind the planned change is to help smaller firms that have been put […]
Former Chelsea Doctor Claims for Constructive Dismissal
Former Chelsea first team doctor Eva Carneiro has lodged a claim of constructive dismissal against her former employer. Chelsea’s Premiere League defence started with a 2-2 draw against Swansea on the 8th August. Towards the closing stages of the game and with the scores already level Eden Hazard received an injury. After being motioned on to […]
£3.2 Million Awarded for Workplace Harassment
A former banker at the London office of a major Russian bank has won significant damages at an Employment Tribunal following ongoing discrimination and harassment in her role. Svetlana Lokhova worked for Sberbank CIB (UK) Ltd until she resigned claiming constructive dismissal in 2012. Ms Lokhova, a Cambridge graduate, joined the bank in 2008. […]
ECJ Rules on Holiday Pay & Commission Case
The Employment Tribunal in the case of Lock v British Gas ruled that any employee who receives commission should receive varied holiday pay to reflect their normal income. Mr Lock was a salesman for British Gas on a basic salary with variable commission paid in arrears. His commission depended upon sales achieved and could not […]
“Don’t Come Back on Monday” is an Unfair Dismissal
A recent Employment Tribunal has shown how important it is to follow procedure when carrying out a dismissal. Mr Townsend was a driver for Commercial Storage Ltd, a small family business run by Mr Cooke. Mr Cooke called Mr Townsend into work during his annual leave to set up a new truck, which Mr Townsend […]
Unison Given Go-Ahead to Appeal Tribunal Fees
The Supreme Court has allowed Unison to appeal the Court of Appeal’s recent ruling on Employment Tribunal fees. The announcement, made on the 26th February, relates to Unison’s third challenge of the tribunal fees system. The Court of Appeal rejected this challenge last September. Tribunal fees have been controversial since their introduction by the Coalition […]
Commission Must Be Included in Holiday Pay
The Employment Appeal Tribunal (EAT) has confirmed that an employee’s average commission must be included in their holiday pay. The judgement, published Monday (22nd February), set out how the European Court of Justice (ECJ)’s ruling will apply in the UK. This is another step in the long-running case of Lock v British Gas, which was […]
Caste Discrimination Covered Under Equality Act 2010
A former domestic servant has won £184,000 in unpaid wages following the UK’s first claim for caste discrimination. Ms Tirkey worked as a domestic servant for a Mr and Mrs Chandok, first in India and then again in the UK. Ms Tirkey is of Adivasi origin, which some in India consider to be low caste. […]
Inquiry Launched into Court Fees
The Commons Select Justice Committee has launched an inquiry into whether or not the introduction of court and tribunal fees has affected the public’s access to justice. The Select Committee is made up of 11 cross-party MPs who will be tasked with assessing the overall impact of court fees. A separate review of Employment Tribunal […]
Tribunal Fees Under Criticism
Legal experts and union leaders have called for a review of the Employment Tribunal process following the release of new Ministry of Justice figures. The number of single Employment Tribunal claims has fallen by 70 percent in the year since July 2013, when fees for raising a Tribunal claim were first introduced. “This is the […]
Zero Hours Contracts Bill 2014
The Zero Hours Contracts Bill will prohibit the use of zero hours employment contracts, particularly those requiring workers to be available for work but where there is no guarantee of work available. The Office of National Statistics estimates at least 200,000 people are employed on zero hours contracts in the UK, of which 75,000 are […]
Employment Tribunal Costs Unlawful?
Was the introduction of fees for Claimants to bring a claim to an Employment Tribunal unlawful? Not according to the High Court. Under new rules introduced in July 2013, workers in the UK are now charged a fee to bring a claim to an employment tribunal, a further fee if the claim is heard and […]
Employment Tribunals – Who Pays?
The Department for Business, Innovation and Skills (BIS) has recently published a study on the ‘Payment of Tribunal Awards’ (Making the Labour Market more Flexible, Efficient and Fair). The report summarises the findings of a study of people who made successful claims to an Employment Tribunal and were awarded a sum of money by the […]