Archives: Employment Tribunal

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Politics is not the art of the possible. It consists in choosing between the disastrous and the unpalatable”. Main parties’ employment manifestos reviewed

General Elections. Don’t they seem to come round more frequently than they used to? A tough call for voters, this particular one, not just because of economist JK Galbraith’s wise words above but also because the outcome won’t make the slightest difference to the biggest issue of the day, the terms on which we are … Continue Reading

Should a prospective employer search the new Employment Tribunal claims database when recruiting?

Last week (9 February) the Employment Tribunal announced that its decisions would be freely available online, allowing searches by name of employer or perhaps prospective employee. You know you want to give your candidate a quick once-over if you can (employers never being strong believers in the view that what you don’t know can’t hurt … Continue Reading

A year late but worth the wait? – Tribunal fee impact reviewed

After the gestation period of an elephant, the Government Review of the impact of the fees for Employment Tribunal cases finally emerged squalling into the daylight earlier this month. Weighing in at a healthy 100 pages and with a foreword by proud father Justice Minister Sir Oliver Heald, the Review takes a detailed look at … Continue Reading

Do you want the good news or the bad news? Welcome back to Judges’ opinions

Long-time Employment Tribunal practitioners will recall more or less fondly the days when every so often the Judge would suddenly send the parties out of the room mid-hearing and then lean towards one of the representatives and say incredulously “Come on, really?”. When it was said to the other side, that was absolutely the Overriding … Continue Reading

Consultation on Employment Tribunal reform proposals – send for Judge Dredd

Last month saw the publication of the Government consultation document on reforming the Employment Tribunal system, a joint production between the Ministry of Justice and BEIS. For when the conversation falls into a flat spin at your next dinner party, here are the highlights, using the word at its most generous. In summary, the reforms … Continue Reading

“I do not like war. It is costly and the outcome uncertain”

So said Queen Elizabeth I in a very early glimpse into English Civil Court proceedings.  Should we therefore be heartened by a possible sign of things to come in the modern employment world, thanks to Lord Justice Briggs earlier this week? Addressing the Chartered Institute of Arbitrators on 26 September, Briggs LJ told of his … Continue Reading

Missing you already – Justice Committee torpedoes no-show Government review on Employment Tribunal fees

Those few of our readers who are inexplicably not committed followers of the House of Commons Justice Committee have missed a little cracker this week with the issue of its report on Court and Tribunal fees. As everyone in the business knows, the introduction of fees in 2013 knocked the bottom out of Employment Tribunal … Continue Reading

Who drove change of disciplinary direction? – When HR’s advice goes too far

Do you ever think that your line managers are making such a hash of a grievance or disciplinary process that it would be easier to do it yourself?  Do you watch in horror as they stumble blindly but unerringly towards what is clearly the wrong decision?  Are you tempted to give them a nudge in … Continue Reading

Six year delay in claim to UK Tribunal potentially excused by mental health issues

This is Mental Health Awareness Week in the UK, so here are two brief and totally unrelated perspectives on mental health issues in the workplace. First, a cautionary note for employers in relation to Employment Tribunal proceedings brought by sufferers of serious mental health issues.  In Higgins – v – Home Office decided last week, … Continue Reading

Offensive tattoos in the UK workplace? Come on, be reasonable

I am quite confident that a great many of us have considered the possibility of getting a tattoo.  It may have been during the heady days of youth and only a fleeting fantasy, but a consideration nonetheless.  I will freely admit toying with the idea right up to the moment I realised that ‘inking’ myself … Continue Reading

Finally the plight of pregnant workers across Australia is acknowledged – morning sickness is a recognised disability!

In the aftermath of International Womens’ Day, the history books were once again re-written when the Victorian Civil and Administrative Tribunal classified a pregnant worker’s severe morning sickness as a disability under the Equal Opportunity Act 2010 (Vic). Ms Bevilacqua was a full time Sales Consultant at a Telstra store up until October 2013 when … Continue Reading

UK holiday pay decision not as clear-cut as it looks

The long-awaited decision of the Leicester Employment Tribunal in Lock -v- British Gas was issued yesterday.  It confirmed, as everyone knew, that holiday pay would have to include an element in respect of commissions, but it also provides for the first time a steer (using the word advisedly, for it is actually no more than … Continue Reading

UK Government proposals on Employment Tribunal practice suffer serious credibility gap

It wouldn’t happen in professional football. There you are as coach, carefully psyching up your team to a nerve-jangling peak of readiness in the dressing room when one of the match officials trots in to tell you that the other side would actually rather come back and do it in three months, if that’s OK … Continue Reading
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