Exploring the difference between why you do something and why it happens sounds like one of those abstract A-level Philosophy questions about whether you are a prince dreaming you are a butterfly or the other way around, but without the ability to ask whether anyone cares anyway. However, the question is also key to determining … Continue Reading
Regulation 7(1) of TUPE usually makes a dismissal automatically unfair if it is for a reason connected with the business transfer. But what if the reason for the dismissal is actually good old personal dislike and the transfer is just the context in which it surfaced?… Continue Reading
Rochford – v – WNS Global Services is a small (9 page) but perfectly formed UK Court of Appeal decision around when you can stand on your principles in the face of discrimination by your employer and when it just gets you sacked. Mr Rochford had been absent for an extended time with a bad … Continue Reading
Statutory construction can be a bit like nuclear fusion – you take an atom of something relatively ordinary and then subject it to such pressure that it explodes into a million flaming pieces and lays waste to your entire afternoon. Employment Tribunals and Courts do the same to words, taking perfectly mundane sentences and phrases … Continue Reading
Rumbling around at the less well-publicised end of the holiday pay saga is the question of just how far back such claims can go. Changes to the Employment Rights Act 1996 limited this to two years for claims brought after 1 July 2015, but thanks to Bear Scotland Limited, the actual exposure may be very … Continue Reading
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
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
When you sign up a Settlement Agreement with an ex-employee you think that’s the end of the matter, right? Clearly that is the general intention, but we already know that even the most procedurally prim and proper settlement agreement can be undone by evidence that it was entered into by fraud or misrepresentation and now … Continue Reading
All the lawyers are saying that Brexit won’t make any difference to English employment law (and in terms of black and white statute law that is probably true) but here is one of those very few cases which might genuinely have gone the other way if it had been brought after the UK leaves the … Continue Reading
Are you off to the Employment Tribunal for the first time soon and don’t know what to wear? Scared of looking a fool under cross-examination? Not sure what to call the Employment Judge? Is it really like Suits? Or do you just need to educate and reassure jittery line management witnesses who have now realised … Continue Reading
Proponents of workplace mediation often stress its confidential and voluntary nature and the ability to fail to agree without there necessarily being any adverse consequences. It is all about listening and rapport and trust, say those commentaries, making the whole process sound as cuddly and unthreatening as your favourite puppy. In fact, there are a … Continue Reading
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
Protecting your enhanced severance scheme Some employers pay only the statutory minimum entitlement on a redundancy dismissal, but others recognise that redundancy is a no-fault reason for termination and try to do something to sweeten an otherwise bitter pill. Maybe this is no more than paying in lieu of notice without deduction of tax (for … Continue Reading
Take good notes of consultation meetings This may sound trite, but it is amazing how often this is overlooked. You need good notes if you are going to follow-up on any points after the meeting, if the employee subsequently challenges anything that was said, or if the matter ends up in the Employment Tribunal; so … Continue Reading
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
You may recall from a year or so ago a flurry of publicity within the HR world for a number of major companies which had abandoned formal performance ratings (not, as widely misreported, appraisals) in favour of better informal performance management conversations. Pioneers included Accenture, Netflix and Microsoft. The thinking was that a formal rating … Continue Reading
Does really just anything count as a philosophical belief these days? An impression you could reasonably take away from the headlines in the Employment Appeal Tribunal’s decision in Harron –v- Chief Constable of Dorset Police last week but happily not one completely borne out by closer reading. Mr Harron considered himself to have been discriminated … Continue Reading
I am actually much less tedious at dinner parties than this makes me sound, but I was reading the Annual Report of the new President of the Tribunals the other day and found some moderately interesting bits and pieces, if you like that sort of thing. In no particular order: It is clear that the … Continue Reading
Statistics show (and if they don’t, then they should) that by far the most despised piece of marketing by any UK law firm is the traditional desperate mailing sent out by Employment teams warning clients of the legal perils circling like sharks around the Christmas party. Within that single innocent event, burbles the flier, lies … Continue Reading
First of all, this case is not as bad for employers as it looks. Second, however, it still has ample time to become so. Back in 2013, the Employment Rights Act was amended to stop employees claiming that they had blown the whistle (and so gained all the protections which go with that) through random … Continue Reading
Just when you think you have mostly got a grip on the scope of UK discrimination law, along comes a whole new avenue of legal debate. Gerry Abrams Limited -v- EAD Solicitors LLP is the first reported case of a claim for direct discrimination by a limited company. In brief, Mr Abrams was a member … Continue Reading
Are you sick of speculation about where the wheel will stop spinning on holiday pay? Just want to be given a safe position and stick with it? Do you have any commission or overtime claims against you stayed by the Tribunal pending a definitive steer from case law or legislators? Steps to provide some clarity … Continue Reading
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
Manager A tells manager B that employee C isn’t up to the job. Believing this to be true, B sacks C. Is B guilty of discrimination if A’s report to him is tainted by improper considerations of C’s age? This sounds like an examination question but was actually a real issue facing the Court of … Continue Reading
