Employment E-Alerts Archive

• TUPE: reason for variation of contract based on a mistake: transfer or connected to transfer (18th October 2011)
• Employee/worker/independent contractor: s.230 ERA (14th October 2011)
• Practice: staying proceedings in the ET when High Court claim proposed (13th October 2011)
• Practice and procedure: rule 49: anonymising judgment and record: articles 8 and 10 (30th September 2011)
• Striking Out: whistleblowing claim: where fact sensitive (23rd September 2011)
• PIDA: retirement age: compensation period (16th September 2011)
• Unless Orders: non-compliance: judgment entered: review (9th September 2011)
• Wasted Costs: guidance from Underhill P (2nd September 2011)
• Minimum Wage: sleeping on premises: work (26th August 2011)
• Working Time: holiday pay: carry forward to new year due to sickness absence: payment in lieu on cessor of employment (16th August 2011)
• Worker: purposive approach to construing agreements (3rd August 2011)
• Compensation: Polkey reduction: obligation to consider where evidence exists (15th July 2011)
• Disability discrimination: understanding section 4(3)(b) (30th June 2011)
• TUPE: interpretation of reg 5: preliminary ruling being sought from ECJ (17th June 2011)
• Practice and Procedure: Costs: Wasted Costs: "pursuit of profit" (10th June 2011) 
• Discrimination: apportioning compensation between respondents: joint and several liability (2nd June 2011)
• Costs: wasted costs: lack of preparation (29th May 2011)
• Practice and procedure: seeking an oral hearing following rejection in the sift; adducing fresh evidence (24th May 2011)
• Compensatory Award: additional sum for delay in receipt of past loss of earnings?  Also, costs arising from representative's conduct (11th May 2011)
• Practice: clarifying issues with the tribunal: ensuring the evidence is before the tribunal (8th April 2011)
• Judicial proceedings immunity: bar to litigation arising from proceedings (30th March 2011)
• Practice and procedure: submitting claim 1 day late: advice of solicitor: uncorrected misapprehension of employee as to date uncorrected by employer (25th March 2011)
• Practice and procedure: default judgment: application to set aside: application for extension of time; principles to be applied on application (18th March 2011)
• Unfair dismissal: redundancy following TUPE transfer: approach of Tribunal to employer's system of selection (10th March 2011)
• Unfair dismissal: band of reasonable responses: inappropriate remarks by employee (11th February 2011)
• Section 98(4) ERA: whose mind is that of an employer; Burchell situation (4th February 2011)
• Discrimination: volunteers; direct effect - Kucukdeveci (28th January 2011)
• Discrimination: harassment: liability where discrimination originated with 3rd party (21st January 2011)
• Discrimination: sexual orientation: constructive dismissal (17th January 2011)
• Bias: the risks of judicial comment before all the evidence has been heard (22nd December 2010)
• Discrimination: victimisation: "reason why": complaint, manner of complaint or separable circumstance from complaint (18th December 2010)
• Practice and procedure: jurisdiction; reading of witness statements (10th December 2010)
• TUPE: week's pay: not s.227 ERA capped but uncapped (2nd December 2010)
• Practice and procedure: discrimination: adding a party (30th November 2010)
• Discrimination: Evidence: admissability; Procedure: sample issues (26th November 2010)
• Age Discrimination: justification: legitimate aim: saving of cost (21st November 2010)
• Practice and procedure: striking out: no reasonable prospect of success: failure to progress claims (18th November 2010)
• Age discrimination: job advertisements: claimant's intention in relation to job: costs risk where there is no intention to take job (12th November 2010)
• Practice: new exception to 'without prejudice' rule (5th November 2010)
• Practice and procedure: reasonable practicability: extension of time: solicitor's omission: incapacity of claimant (4th November 2010)
• Protective award: failure to consult/inform ss. 188, 189 TULR(C)A (28th October 2010)
• Unfair dismissal/wrongful dismissal: when is not the former but it is the latter (22nd October 2010)
• Statutory Interpretation: effective date of termination: when the employee learns they have been dismissed (14th October 2010)
• Disciplinary practice: frame charges specifically (8th October 2010)
• Practice and procedure: appeals: separate notices for each judgment or order being appealed (30th September 2010)
• Compensation: psychiatric illness (28th September 2010)
• Quantum: loss of earnings and remoteness of damage; Vento awards (23rd September 2010)
• Practice and procedure: ET's power of recall and review (22nd September 2010)
• Discrimination: new regulations for the Equality Act 2010 (10th September 2010)
• Unfair dismissal: maternity leave, redundancy, suitable vacancy (3rd September 2010)
• Age discrimination: burden of proof and importance of credible explanation (26th August 2010)
• TUPE: duty to inform; duty to consult; compensation for failure to do so (13th August 2010)
• Disability discrimination: demise of Novacold, Malcolm, the hypothetical comparator and other observations by the Court of Appeal (6 August 2010)
• TUPE: ETO, consultation and unfair dismissal (30th July 2010)
• Statutory Interpretation: the meaning of 'likely' in s.129(1) Employment Rights Act 1996 (23rd July 2010)
• Practice: settlement with alleged primary discriminator may bar aiding claim against secondary party (23rd July 2010)
• TUPE: collective agreements; enforceability of contractual terms; impact of local government pension regulations (15th July 2010) 
• Age Discrimination: redundancy payments (9th July 2010)
• Practice and Procedure: claiming against an unincorporated association (2nd July 2010)
• Disability Discrimination: direct discrimination based on perception of disability (23rd June 2010)
• Disability Discrimination: guidance and perceived disability (18th June 2010)
• Practice and Procedure: valid notice of appeal to contain all reasons for judgement (4th June 2010)
• Discrimination: the without prejudice rule and Mezzortero (28th May 2010)
• Practice and Procedure: jurisdiction: meek compliant judgments (21st May 2010)
• Disability Discrimination: reasonable adjustment: can be appropriate to medically retire and then redeploy (5th May 2010)
• Discrimination: injury to feelings: claimant's knowledge of discrimination?, or knowledge of act? (23rd April 2010)
• Equality Act 2010 (15th April 2010)
• Unfair Dismissal: no obligation to hear grievance appeal before a disciplinary hearing.  Compensation: approach to contributory fault in unfair dismissal (9th April 2010)
• Whistleblowing: worker can suffer detriment by current employer for whistleblowing in relation to previous employer (1st April 2010)
• Unfair Dismissal: utilising the appropriate disciplinary approach (26th March 2010)
• Unfair Dismissal: compensation: supervening illness following dismissal (18th March 2010)
• Evidence: admissibility of covert recordings (11th March 2010)
• Practice and Procedure: insufficiency of reasons/findings: request amplification (3rd March 2010)
• Constructive Dismissal: test for repudiation; fair reason; reflections on affirmation (26th February 2010)
• Discrimination: Religion or Belief: dress code (18th February 2010)
• Remedy: future loss, how to approach when a case is remitted (12th February 2010)
• TUPE: impact of collective agreements on transfer (2nd February 2010)
• Time: representative's failure is not claimant's failure (29th January 2010)
• Disability Discrimination: impairment resulting from 2 conditions (20th January 2010)
• Procedure: extension of time for appeal (6th January 2010)
• Burden of Proof: Burchell (5th January 2010)
• Discrimination: race discrimination trumps religious principle (18th December 2009)
• Time Limits: no principle of 'liberal' or 'sparing' extension of time (10th December 2009)
• Discrimination: religion or belief (4th December 2009)
• Procedure: time: late response (27th November 2009)
• Practice and Procedure: bias (20th November 2009)
• Transfer of Undertaking: lapse of time (20th November 2009)
• Practice: unless order/strike out/relief from sanction (17th November 2009)
• Discrimination: compensation and stigma loss (16th November 2009)(also see 17th November)
• Equality: Religion etc: belief in man-made climate change (6th November 2009) 
• Whistleblowing: What is "information" (5th November 2009
• Equal Pay: service-related payments (30th October 2009)
• Remedy: Mitigation of Loss (26th October 2009)
• Practice and Procedure: unless orders/relief from sanctions (16th October 2009)
• Race Discrimination: reverse burden of proof (15th October 2009)
• Procedure: Interim Relief Order/Deposit Order (9th October 2009)
• Discrimination: age - Heyday (2nd October 2009) 
• Unfair Dismissal: Dismissal at behest of 3rd party (2nd October 2009)
• Strike Out (25th September 2009)
• TUPE Transfer (18th September 2009)
• Time for Appealing (11th September 2009)
• Transmission of Online Applications (4th September 2009)
• Does direct discrimination inevitably mean a breach of mutual trust and confidence? (28th August 2009)
• A written contract between parties is not always the whole story of their working relationship as the substitution clause cases show (20th August 2009)
• Failing to show that it was not reasonably practicable to present the claim (14th August 2009)
• Recovering costs from a fibbing claimant (10th August 2009)
• TUPE, EqPA and the qualifying date (30th July 2009)
• Refusing an application by the claimant to revoke a decision by consent to appoint an independent expert in an equal value case (15th July 2009)
• Worker or not a worker for the purposes of the Working Time Regulations 1998 - another short study (10th July 2009)
• "Likely" - possible meaning: "more probable than not"; "could well happen".  Context: paras 2(2) and 6(1) of Schedule 1 of the DDA (3rd July 2009)
• ET rules of procedure, applying for a review when debarred (2nd July 2009)
• EqPA - the essential question of sex discrimination and piggyback claims (25th June 2009)
• Not using the phrase unfair dismissal and not ticking the box on ET1 (18th June 2009)
• Payment in lieu of leave under Regulation 14 Working Time Regulations 1998 (12th June 2009)
• Mutual trust and confidence and appealing an ET order for reinstatement (11th June 2009)
• Employee or independent contractor (5th June 2009)
• Dismissal: working aborad: jurisdiction of ET (28th May 2009)
• Practice and procedure: EAT: Barke/Burns procedure (21st May 2009)
• Dismissal: constructive: last straw (8th May 2009)
• Costs: unreasonable/inappropriate conduct: false allegation (1st May 2009)
• Practice and procedure: allegation of falsehood: to be clearly put (22nd April 2009)
• Practice and procedure: evidence supporting applications (8th April 2009)
• Redundancy: impact of Polkey (3rd April 2009)
• Dismissal: contributory fault: if there is evidence then ET to make a finding even if employer does not raise (26th March 2009)
• Worker: contract term allowing worker to delegate performance of entire job: worker for WTR? (19th March 2009)
• Practice and procedure: disclosure: entitlement to seek (13th March 2009)
• Statutory grievance procedure: complying with procedure (6th March 2009)
• Contract of employment: sham (25th February 2009)
• Discrimination: harassment: a guide (19th February 2009)
• Procedure: ET1, respondent in liquidation (13th February 2009)
• Disability discrimination: non-deliberate omission by employer, when does time run? (11th February 2009)
• Unlawful deduction of wages/bonus payments: extent of employer's discretion as being relevant to whether bonus scheme has contracted element (29th January 2009)
• Disability discrimination: question of fact for Tribunal nothwithstanding agreed medical report (22nd January 2009)
• Unfair dismissal: incidences of insolvency (14th January 2009)
• Discrimination: religious: conflict between individual belief and employers' commitment to non-discrimination (9th January 2009)
• Perversity appeals: a high threshold for success (31st December 2008)
• Bias: principle and scope for alleging (19th December 2008)
• Practice: recusal of tribunal (9th December 2008)
• Unfair dismissal: employee or non-employee (28th November 2008)
• Redundancy: following the right process (19th November 2008)
• Flexible working: equal pay and flexible work practices for childcare (11th November 2008)
• Discrimination: Polkey applies where there has been a dismissal (28th October 2008)
• Discrimination: reverse burden of proof (22nd October 2008)
• Contract of employment: employee or non-employee (15th October 2008)
• Working Time Regulations: night work; sleeping arrangements (7th October 2008)
• Practice and Procedure: oral hearing (2nd October 2008)
• Jurisdiction: discrimination and harassment (27th August 2008)
• Equal Pay: Joint Evaluation Study: conclusive evidence? (15th August 2008)

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