1 February new tribunal award limits come into force 6 March consultation closes on fees in tribunals and the EAT April expected that qualifying period for unfair dismissal will increase to 2 years various tribunal reforms to take effect, e.g. increase in deposit orders and costs awards unpaid parental leave to increase to 4 months[…]
The Employment Rights (Increase of Limits) Order 2011 SI 2011/3006 has been published. The Order will increase the limits on certain employment tribunal awards and other amounts payable under employment legislation from 1 February 2012. The notable changes are: • the limit on the amount of a week’s pay for the purposes of calculating, among[…]
Government to set up New Equality Advisory and Support Service
LATEST NEWS, Uncategorized Dec 14, 2011
The Government Equalities Office has announced the creation of a new Equality Advisory and Support Service to provide support to vulnerable and disadvantaged individuals facing discrimination. The service will provide telephone advice and support, encouraging problems to be resolved early and informally where possible. Those who need face-to-face help will be provided with lay independent[…]
What is the test for determining whether a domestic worker treated as a family member is ineligible for the National Minimum Wage? The test is to be approached holistically, there is no one single factor, such as the provision of accommodation, meals, or the sharing of tasks, which is decisive, says the EAT in Julio[…]
In Dunn v Institute of Cemetery and Crematorium Management the EAT has held that the protection from discrimination of married persons under S.3 of the Sex Discrimination Act includes protection from less favourable treatment for being married to a particular person. Thus, in the instant case, although the employer did not discriminate against married people[…]
The UK has introduced new laws increasing the rights of temporary workers. Linda Goldman and Joan Lewis find out what this means for firms hiring agency staff. There was a time when the use of temporary staff was seen as the human equivalent of the use of disposable cups: very difficult to manage without in[…]
The Government has announced its plans for the ‘most radical reform to the employment law system for decades’. The wide-ranging changes, which include reform of the tribunal system, the introduction of tribunal fees, ‘no fault’ dismissals for micro-companies, and reducing the consultation period for collective redundancies, were described by Business Secretary Vince Cable as ‘emphatically[…]
In Fraser v Southwest London St George’s Mental Health Trust the EAT has held that an employee on long-term sick leave must request annual leave in accordance with Reg 15 of the Working Time Regulations 1998 to be entitled to payment for it. Mr Justice Underhill, President of the EAT, considered this conclusion to be[…]
The Chartered Institute of Personnel and Development (CIPD) has made a Freedom of Information request for information on the number of employment tribunal claims relating to the right to request flexible working – the figures are not specified in the annual statistics for employment tribunals and the EAT for 2010/11. The figures obtained by the[…]
Employers Not Vicariously Liable for Whistleblowing Victimisation by Employees
LATEST NEWS Oct 29, 2011
In NHS Manchester v Fecitt and ors the Court of Appeal decided that the EAT was wrong to hold an employer vicariously liable for its employees victimising a whistleblower. The House of Lords has made clear that an employer can only be vicariously liable for the legal wrongs of its employees. As there is no[…]