Archives: Employment

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EAT – extending time

February 2025 | Employment

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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EAT – unlawful deductions

February 2025 | Employment

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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EAT – discrimination and victimisation

February 2025 | Employment

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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Termination payments – status

February 2025 | Employment

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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Wages – unlawful deduction

February 2025 | Employment

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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EAT – whistleblowing

December 2024/January 2025 | Employment

Whistleblowing continues to be a hot topic and the EAT has recently heard a case involving the interesting mix of a research scientist, whistleblowing and Oxford University. The case summary is as follows: ‘C was employed by the R1 as a senior post-doctoral research scientist in R2’s lab on a series of fixed-term contracts the …

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EAT – striking out

December 2024/January 2025 | Employment

The ET has heard an interesting case regarding striking out. The case summary is as follows: ‘Following her dismissal for the given reason of gross misconduct the claimant in the employment tribunal brought wide-ranging legal complaints. At a preliminary hearing the tribunal struck out all of the complaints on various bases. The claimant appealed and …

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ET – deduction of wages

December 2024/January 2025 | Employment

The ET has heard an unusual case in that it involved a wage bill of some £11m. While it is fair to say that most wage deduction claims will not involve such eye watering sums, employers should take note. The press summary is as follows: ‘This is a first-instance decision in a claim brought by …

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Collective agreement – rectification

December 2024/January 2025 | Employment

The SC has heard a case involving rectification of collective agreements. The press summary states: ‘Background to the Appeal This appeal raises questions about whether it is possible to rectify the written record of a collective agreement which is not a legally enforceable contract and whether contracts of employment which incorporate the terms of such …

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