Tag Archives: ET

Putting your money where your mouth is – are injured feelings index-linked?

Through a long and not very relevant series of arguments, the Court of Appeal in De Souza – v – Vinci Construction (UK) Limited has just decided that in effect they are. This is not a surprising conclusion, since otherwise inflation would erode the value of such awards as either proper compensation for the employee … Continue Reading

One small step for man in UK Tribunal fee debate – but was it worth going there at all?

Cast your mind back to a time before July 2013 when the perception was that businesses were regularly on the receiving end of Employment Tribunal claims from disgruntled employees and ex-employees. Times were good for lawyers and bad for employers, one might have said.  So sensing a win-win-win (bash lawyers, limit spurious claims against political … Continue Reading

No race discrimination in employer not investigating dishonest grievance

A finding of race discrimination in the UK requires the employee to show both (a) that he was less favourably treated on grounds of race; and (b) that he suffered a detriment.  The need to establish (b) separately is often overlooked, in that less favourable treatment is, by itself, pretty invariably a detriment.  However, the … 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

UK Government consults on tax treatment of severance payments. Do you want the bad news or the bad news?

I know that over the years we have said some pretty harsh things in this blog about assorted government proposals and consultation exercises, but I take it all back.   There is a new kid in town, the HM Treasury/HMRC consultation document on Simplification of the Tax and National Insurance Treatment of Termination Payments https://www.gov.uk/government/consultations/simplification-of-the-tax-and-national-insurance-treatment-of-termination-payments and … Continue Reading

“It was great” and other things not to say in support of your harassment claim

Mbuyi –v- Newpark Childcare is an everyday tale of Christianity meeting homosexuality and sparks ensuing, not in a good way.  Put very simply (there was a little more to it, including the glorious non-sequitur “X had replied with a positive comment, given that the Claimant is from Belgium”), a lesbian employee asked an Evangelical Christian … Continue Reading

Making legal advisers liable for your wasted costs – quite a privilege

Have you ever looked at the other side’s Schedule of Loss in a Tribunal case and wondered if he inhabits the same legal system you do? Employment Tribunals routinely require such Schedules to try to bring some order and boundaries to both sides’ financial thinking, but this does not always work.  Sometimes the compensation at … Continue Reading
LexBlog