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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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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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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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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The government has set out its proposals for sweeping employment rights changes. The bill was introduced to the House of Commons on 10 October 2024. Consultation is proposed in 2025. Most reforms will take effect no earlier than 2026. Some of the headline proposals include: banning zero hours contracts; banning fire and rehire; introducing basic …
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The SC has prevented an employer from using fire and rehire tactics to remove employee benefits which had been described as ‘permanent’. The case summary is as follows: ‘Background to the Appeal This appeal concerns whether Tesco Stores Ltd (“Tesco”) can terminate the employment contracts of its employees, for the specific purpose of depriving them …
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The Worker Protection Act (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024 and changes the duty on employers from redress to prevention. All employers will be required to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if …
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Employment practitioners should note that the President of the Employment Appeal Tribunal (EAT) has published a practice direction explaining the tribunal’s procedures and procedural requirements. Made with the approval of the Senior President of Tribunals and the Lord Chancellor under s29A of the Employment Tribunals Act 1996, it applies to all appeals commenced on or …
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The EAT has allowed an interesting appeal which considered the behaviour of the claimant’s representative. The claimant was dismissed from a project management job in 2020 after less than a year in the role and brought claims including racial and sexual harassment and whistle blowing. The ET described the behaviour of the claimant’s representative as, …
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The EAT has allowed an appeal which enabled a claimant to amend her claim to add a claim of vicarious liability. The case summary is as follows: ‘Practice and procedure The claimant asserted in her ET1 that she had been dismissed having by reason of her having made protected disclosures. An ET refused an amendment …
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