Posts tagged ‘Employment Tribunal’

For all of you coming back from your Christmas break looking to lose a few pounds, spare a thought for the clinically obese.
Just before Christmas, the European Court of Justice (ECJ) ruled that in some cases, obesity may amount to a disability under member states equality laws. In Kaltoft v Municipality of Billund the [...]

Since the Coalition Government came to power in 2010, it has undertaken an intensive programme of employment law reform as part of its Parliament-long Employment Law Review and the employment-related aspects of its ‘Red Tape Challenge’. While there have already been significant changes, such as the increase in the qualifying period for claiming unfair dismissal [...]

In Garside and Laycock Ltd v Booth the Employment Appeal Tribunal has decided that an employment tribunal misdirected itself in finding that it was unfair to dismiss an employee who refused to accept a pay cut. In remitting the case to a fresh tribunal, the EAT stressed that in addition to considering whether, in the [...]

In Kurumuth v NHS Trust North Middlesex University Hospital the Employment Appeal Tribunal has said that it was reasonable for an employer to dismiss an employee when the UK Border Agency (UKBA) failed to satisfy it that she had the right to work in the United Kingdom. The decision suggests that it is reasonable for [...]

The recent government proposals on dispute resolution are the latest initiative to reduce the Employment Tribunals workload. The consultation document, ‘Resolving workplace disputes’, has three main planks: diverting disputes away from the tribunal system; ensuring that, where parties do have to resort to proceedings, the process is as swift, user-friendly and effective as possible; and [...]

The band of reasonable responses test in unfair dismissal claims relating to misconduct have often got employment tribunals into trouble in the past. It can sometimes be easy for tribunals to substitute its own views for the actions of the employer and such substitution is not permissible in law. In Bowater v NW London Hospitals [...]

In Pervez v Macquarie Bank Ltd (London Branch) the EAT has ruled that an employee of a Hong Kong-based company, who had employment rights under UK legislation, had to be permitted to enforce those rights in an English employment tribunal. The EAT noted that this involved a ’strained’ interpretation of Reg 19(1) of the Employment [...]

The Employment Tribunal and Employment Appeal Tribunal statistics 2009/10 have been published. They showed a 56 per cent increase on the number of claims lodged in 2008/9. Additional information provided by the latest statistics includes a breakdown in the percentage change for all types of claims over the last year and details of the awards [...]

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