Unfair and Discriminatory Redundancy ProcessMrs Larkin vs Liz Earle Beauty Co Ltd. Take a free 7-day trial now. In May, the Chancellor announced that the furlough scheme would absolutely, definitely, without any shadow of doubt end on 31 October (it didn’t). However, this judgment is unlikely to be the end of the matter as the union is seeking leave to appeal to the Supreme Court. On the plus side, the changes will mean new and interesting employment opportunities, better health and longer — perhaps much longer — lives. In amongst all this commotion, and despite the UK coming in and out of lockdown, there have also been a number of interesting Employment Tribunal decisions. 1. Tiffin vs Surrey Police (2017) The case of Tiffin vs Surrey Police was brought under discrimination on the grounds of disability and sex discrimination. A further appeal is likely in this case, and I wouldn’t be surprised to see it in the Court of Appeal in 2019. A return to semi-normality seemed on the horizon. David Cooke, FIPD RETIRED, UMIST, 1956/61. The return of shielding | Can clinically extremely vulnerable people go to work? In April, there were several important legislative changes, mostly related to the implementation of parts of the Good Work Plan. It’s been estimated that the total bill could be around £400 million. Guest post by Russell Sandberg on an interesting employment case. The changes meant that newly appointed probation officers took 23 years to progress to the top of the pay scale, instead of the previous seven or eight years. The EAT also confirmed that the TUPE Regulations which render void contractual variations that are solely or principally related to the transfer invalidate beneficial as well as detrimental changes. In the first group data breach action to come before the courts, the Court of Appeal held that the supermarket is vicariously liable for the actions of a rogue employee who published the personal data, including bank and payroll information, of nearly 100,000 of his co-employees online. The employee informed the employer that she was pregnant, 10 months after her employment began. To work this case up on a differing premise than that would be to destroy the fundamental relationship to the point of making it impossible to conduct business and make management decisions and take away the inalienable right of the employer to manage the business. The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most monumental employment law decisions this year, but there have been a number of other significant cases. down quite late in the piece, as well as a selection of the more interesting cases from both the now defunct Workers Compensation Tribunal and the South Australian Employment Tribunal as handed down this year. 1. In July, regulations came into effect to ensure that various statutory entitlements based around the concept of a week’s pay – redundancy, notice, etc. Payroll Prospect of making redundancies has negatively impacted two-thirds of leaders’ mental wellbeing. Change Management 2. Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home. This could lead to knock on claims or even threats to take employers to a tribunal for similar issues, as employees try to benefit financially. In this regular piece we will review 3 recent publications, primarily in respect of unfair dismissal matters but also on other interesting cases including equality, payment related matters etc. A summary of interesting or topical employment cases. Compensation & Benefits Organisational Development The second concerns the claims limit. The Employment Tribunal is best viewed as a party-party adjudicative body whose work more closely resembles the civil courts, rather than as part of the system of administrative justice. Click the button below to chat to an expert. Already an XpertHR user? RSS feeds In the first month of 2021, we had two very interesting first instance Tribunal decisions. Police officer’s perceived disability. It will be a year to remember also for employers with a large increase in employment tribunal claims, the rise of awareness from employees on subject access requests and a number of changes to internal procedures brought on by judgments in our Courts and Tribunals. About . The Selkent principles applicable to applications to amend claims are well known. All in all, it has indeed been another interesting year for employment law. The Chancellor announced that the furlough scheme would be closed to new entrants after 30 June. They rejected the employer’s argument that it had never intended to induce its employees to opt out of collective bargaining and that it had intended only to inform them that they would lose their Christmas bonus if they did not agree to the changes in time. We’ll miss you mountain top; back to the laptop!! Employee Benefits Connect The EAT found that the Ministry of Justice had been compelled to cut costs because of government policy and it had tried to avoid redundancies and had negotiated with the unions. In the past year, the number of people making a claim to an employment tribunal has increased by 10%. In statistics published in March 2018 by the Ministry of Justice, it confirmed that the number of employment tribunal claims being submitted against employers continues to rise which are currently at their highest level since fees were introduced with claims increased by 90% between October to December 2017, compared to the same period in 2016. – should be calculated on “normal” salary, not any reduced furlough pay. The Restriction of Public Sector Exit Payments Regulations 2020, which introduced the long-awaited £95,000 cap on public sector exit payments, also came into force. Will health and safety change after Brexit? Whilst HR teams will have had their heads down for most of the year reacting to unexpected workforce challenges, some of these cases may have flown under your radar. The Court of Appeal rejected the supermarket’s argument that it could not be liable as the rogue employee had published the information using his personal computer at home on a Sunday, and several weeks after he had downloaded the data at work. Even though the dismissal officer did not know this information, the Tribunal should have taken it into account when considering the fairness of the dismissal as it was information known to the employer. Another holiday season draws to a close and brings with it a return to “normality”. Employee Relations Recruitment & Resourcing During July, HR professionals will have heard a plethora of questions around employment status, specifically focussed on the cases of Addison Lee, Pimlico Plumbers and Uber. The employee informed the employer that she was pregnant, 10 months after her employment began. Equitable Life appealed, submitting that the motion judge's determination of reasonable notice was excessive. Wellbeing All in all, it has indeed been another interesting year for employment law. We look at six important employment law cases that will get the headlines in 2020, covering significant issues such as the national minimum wage for sleep-in workers and unlawful inducements and collective bargaining. By HR Knowledge Base September 8, 2020 Case Review, Current Affairs, HR Research. In this case, the motion judge seemed to take this development further, finding that "when there is no comparable employment available, termination without cause is tantamount to a forced retirement". HR (General) This is not usually the case in the employment tribunal. The Court’s decision will be of particular interest to employers in the public sector that always have to be mindful of saving costs. It is expected that this controversial first-instance decision will be appealed as conventional wisdom is that TUPE applies to employees only. Is a direct pay offer to employees over the head of the union unlawful? The Supreme Court's judgment in Morrisons' vicarious liability case is expected this year. Monday, 08 August 2016 3581 Hits. Following the conversion of all hearings in the Employment Tribunal to telephone case management hearings, and the proposal that going forward some hearings could take place virtually, the Employment Group within Cloisters has been working hard to understand how virtual hearings could work in practice so as to ensure that they can be used in a broad range of circumstances. HR Business Partner The tribunal found the pay progression policy was discriminatory but it was justified because the Ministry of Justice’s legitimate aim was to agree a “fair policy in straitened circumstances”. The wider the tribunal's jurisdictional scope, the more significant its development and impact on Singapore employment law. When City Sprint lost its contract with HCA Healthcare, the claimants switched to working as cycle couriers for HCA Healthcare’s new provider Ecouriers. Workforce Planning, • About Personnel Today Costs awards are only made very rarely in the tribunal. In March, the world changed as the pandemic exploded across the globe. Varnish's sex discrimination case heads to employment tribunal. In Uddin v London Borough of Ealing, an employee complained to both her employer and the police about alleged sexual harassment committed by the claimant. We combine the service quality of a law firm with the certainty of fixed-fee services to provide expert, solutions-focused Employment Law, HR and Health & Safety support tailored to employers. Terms and conditions, • Employee Benefits The Court of Appeal held that the national minimum wage legislation requires sleep-in workers to receive the minimum wage only when they are awake and “available” to work. In Mr D Ferguson and others v Astrea Asset Management Ltd, four directors decided to give themselves new terms and conditions just prior to a transfer, including a guaranteed annual bonus of 50% of their salary. Log in Take a FREE trial XpertHR.co.uk. Both the employment tribunal and the Employment Appeal Tribunal (EAT) found that the employer’s actions were unlawful. Posted on 16 Jul 2019. The 10 most important employment law cases in 2019, Supreme Court to hear ‘unlawful inducements’ appeal, Keep track of key employment law cases on appeal. She was awarded £17,000. The case notes themselves are interesting to read. Finally, at the beginning of December, the Employment Tribunal in the case of Taylor v Jaguar Land Rover Ltd held that a person does not need to undergo or intend to undergo any medical treatment to have the protected characteristic of gender reassignment, provided that the individual in question was “on a journey” of transition. It is expected that leave will be granted as this is the first time that the appeal courts have looked at this particular area of trade union legislation. Employer does not … Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to … Advertising specifications The Court held that the claimants’ cause of action had arisen the moment the data was downloaded and not when it was published. Adios long lies; welcome back bags under the eyes. Re Kostal v Dunkley case. This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. 34% of notifications were resolved before a claim was issued in the tribunal, and 58% of tribunal cases went on to be settled. All claims failed and so this is a very useful case for employers to read and see an example of good employment practice. Mr Heskett has appealed to the Court of Appeal. It is interesting to note that the judgment contrasts vegetarianism with veganism. Amending Claims of Discrimination in the Employment Tribunal. Employment Law The Court of Appeal agreed with the employment tribunal that the police force perceived her to be disabled in the sense of having a progressive condition. The decision is hotly anticipated by employers in the gig economy because it has significant business implications. The EAT said that there is a difference between justifying a discriminatory policy on cost alone – which is not normally a valid justification by itself – and justifying it on the basis of absence of means. It was also announced that in the three-month period to September 2020, 314,000 people were made redundant, the highest figure since 2009. The decision in Mrs K Higgs v Farmor’s School [2020] ET 1401264/219 has attracted significant attention in the media. Goodbye sunning; hello running (for trains). We were first introduced to concepts of lockdown and furlough, which have now become second nature to employers the length and breadth of the country. Cookies policy We will find out from the Supreme Court if an employer is vicariously liable for the data protection breaches of an employee even though the employer itself was not at fault for the way in which it processed and protected personal data. 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