The CA has handed down an important judgment in which it held that an employee who expressed her protected beliefs on social media posts had been unlawfully dismissed. The case summary is as follows: ‘1. The Claimant in this case, Mrs Higgs, was dismissed from the school where she worked because she had posted messages …
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The EAT has heard an interesting case involving an appeal against an order for re-engagement following a finding of unfair dismissal. The case summary is as follows: ‘SUMMARY Unfair dismissal – re-engagement – section 116 Employment Rights Act 1996 Having upheld the claimant’s complaint of unfair dismissal, the employment tribunal (“ET”) subsequently ordered that he …
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The CA has heard an appeal from the EAT regarding the proper interpretation of the Employment Relations Act 1999 (Blacklists) Regulations 2010, generally known as the Blacklisting Regulations. The claimants were pilots employed by Ryanair and are members of the British Air Line Pilots’ Association (‘BALPA’). BALPA is the professional association and registered trade union …
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ACAS has published new guidance for employers on understanding neurodiversity. The guidance outlines terminology and different types of neurodiversity and points out that: ‘being neurodivergent will often amount to a disability under the Equality Act 2010. This law gives rights and protections to disabled employees. For example: the right not to be discriminated against because …
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The EAT has heard a case involving a union’s employment solicitor. The case summary is as follows: ‘TRADE UNION RIGHTS & VICTIMISATION An Employment Tribunal erred in its approach to the burden of proof. The Claimant had been employed as an employment law solicitor for the RMT. He took proceedings against the RMT. He was …
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The FTT (Tax Chamber) has heard a case which we could include in the commercial and tax sections in addition to employment. The case involved the familiar territory of the payment of £30,000 on termination of employment. The FTT heard the case to determine the status of these payments. The case involved joint appeals by …
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The employment tribunals have recently considered a number of cases involving unlawful deduction from wages (see our Dec 2024/Jan 2025 edition, p17). The EAT has heard a case involving incorrect calculation of holiday pay over three years. The case summary is as follows: ‘SUMMARY UNLAWFUL DEDUCTION FROM WAGES The Respondent conceded that it calculated the …
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The EAT has heard a case arising from a redundancy exercise where a claimant on maternity leave thought that the job had been kept open. The case summary is as follows: ‘Unfair Dismissal The claimant was on maternity leave when a redundancy exercise took place in which 21 team leader posts were reduced to 16. …
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A case which will interest employment practitioners everywhere is one where the EAT had to consider an application for an extension of time to lodge an appeal. A firm of solicitors acting for the claimants requesting an appeal lodged documents via e-filing but not the ETs full written reasons. The firm then had some written …
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The EAT has heard an appeal against a ruling that a claim of unlawful deduction was made out of time. The case summary states: ‘Jurisdictional / time points The Employment Tribunal (“ET”) dismissed the claimant’s claims for notice pay and holiday pay on the basis that it did not have jurisdiction as the claim form …
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