This is of course not what the Newcastle Employment Tribunal said, nor is “Unless a company has specifically forbidden employees from socialising while ill they are free to do what they like” or “Going to the pub while off sick is not a sackable offence”. However, the reality would not illuminate the pages of yesterday’s … Continue Reading
Remote evidence in Tribunal hearings have traditionally been limited to circumstances where an individual’s location or health makes it very difficult for them to attend the venue. Historically the ETs have not much liked it and there is a continued perception that evidence given remotely is like that given by a written statement alone – … Continue Reading
Good faith lying – an interesting concept ethically but, in practical terms, vital grease in the wheels of a civil society – “no, it was delicious, honestly, I’m just a bit full”, “I love your parents” and (especially in the legal world) “with great respect”.… Continue Reading
Employers are relieved! One of the most talked-about provisions of the Macron ordinances has been confirmed as valid by the French Court of Cassation (Supreme Court). The cap on compensation for unfair dismissal, which was contested by several industrial tribunals, was confirmed as consistent with international texts ratified by France.… Continue Reading
Another day, another sex scandal. A Martian reviewing the Evening Standard could reasonably conclude that this is an issue limited to film, media and politics but there would undoubtedly be those in many less glamorous workplaces who also have stories to tell and hopefully feel empowered to do so by the flood of others coming … Continue Reading
The Ministry of Justice and Her Majesty’s Courts and Tribunals Service have now rolled out the details of the scheme to refund claimants and respondents who paid a fee at an Employment Tribunal or the Employment Appeal Tribunal between 29 July 2013 and 26 July 2017. This is of course the necessary result of the … Continue Reading
As sexual harassment in high places is attracting a lot of coverage in the Press this week, here is a new thought. What if, instead of pillorying the accuser and exposing the victim to the trauma of formal grievance or Employment Tribunal proceedings, you could find a solution where victims regarded their honour as satisfied … Continue Reading
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
Ensure you have evidence to support an employee’s score One thing we come across on a regular basis is managers who are unable to point to hard evidence, such as personnel records or appraisal forms, to support the scores allocated as part of the selection process. Not only does this leave scope for the employee … Continue Reading
I am still haunted, as I expect is he, by a job interview here a number of years ago with a chap who knew so little about the relevant law that for me to ask him any further questions on it would have crossed the thin line between interviewing and vivisection. He was not a … Continue Reading
Some thorny issues for employers arise from the reported settlement last week of a sexual discrimination and harassment claim brought against Goldman Sachs by Sonia Pereiro-Mendez. This case hit the news not because of the nature of her allegations (big City house treats pregnant woman as suddenly of much less value – all relatively usual … Continue Reading
The 2010 Agency Worker Regulations require that once an agency worker has been in post for 12 weeks, he should receive the same pay as would a permanent employee of the hirer in the same role. This is the principle of equal treatment. Regulation 14(3) makes the agency liable for any breach of equal treatment … Continue Reading
If as an Employment Tribunal you are not satisfied by the evidence which the parties have put before you, are you entitled to go off and get some more of your own? This rather unusual question was considered by the Employment Appeal Tribunal last month in East of England Ambulance Service NHS Trust –v- Sanders. … Continue Reading
Are you neither complacent nor unduly sensitive or suspicious? Are you fair-minded, informed and balanced? Do you often catch buses in Clapham? In that case, the Employment Tribunal has just the job for you, a role integral to the administration of legal justice, though sadly not paid very well, or indeed at all. If you … Continue Reading
In April 2012 the UK Government introduced reforms allowing unfair dismissal claims to be heard by an Employment Judge sitting alone (rather than with the usual two wing members). The Employment Appeal Tribunal has recently expressed reservations about this change, echoing the thoughts of 62% of the respondents to the Government’s consultation on this proposal. … Continue Reading
