Employment Tribunals Archives - Goldenleaver
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  Silent Witness is a TV show where key characters actively search for forensic evidence.  But don’t take this approach in an Employment Tribunal! I was recently part way through a case where one of my witnesses thought it might be a good idea to find some extra evidence overnight to assist the Judge.  He knew he wasn’t supposed to discuss the case with us or the other witnesses, but didn’t think that he also had to keep mum generally while under...

Are you liable if you dismiss an employee working abroad? Once again the Courts have gently moved the goalposts that determine whether someone working abroad can bring an unfair dismissal or discrimination claim in the UK Employment Tribunals.  Is the recent Olsen v. Gearbulk case below the final position (or just the latest nudge)?   Or will there be more nudging to come?  The last word probably hasn't yet been written. I advise quite a few UK organisations that have an international brand and...

.. made for a fair dismissal in the case of Game Retail Ltd v Laws - although it was the content and context of Mr Laws’ tweets that were the problem, not their number. This was one of them: ‘This week I have mainly been driving to towns the arse end of nowhere… shut roads and twats in caravans = road rage and loads of fags smoked’. "Not so bad", you might say.  "I've heard worse on daytime TV", you might also say. And...

The Employment Tribunal system has brushed with Virtual Reality: you may be liable for more employees than you think. How? The rights of overseas staff have taken up many column inches in recent years; employees in virtual reality less so. Recently a problem arose about someone who was both overseas and virtual; and this wasn't the subject of a science fiction novel. The issue is this: how far removed (physically or otherwise) from Great Britain does someone have to be before they...

Varying terms and conditions of employment can be a risky business. How often have you, as an employer, wanted your employment terms and conditions to be just a little bit different? How often has this wish led you to decide that you needed to change those terms and conditions, but were concerned about how to go about doing it effectively? Faced with this situation, some employers just "do it" and see what happens. It's not a particularly bad ploy if the changes are...

If I'd been given £1 each time a client had asked me "what are my chances?" in bringing or defending a claim or in adopting a particular strategy, I wouldn't be writing this now; I would be rich enough to have retired.  But I wasn't and I haven't. The reason is that most lawyers are programmed not to take chances and not to speculate, other than on the most unusual occasions (and then with a disclaimer, or even an indemnity). Imagine my...

An employee's secret recordings of private discussions at disciplinary and grievance hearings may be admissible as evidence in subsequent tribunal hearings. Can recordings of private discussions that have been made secretly by an employee who is taking part in a disciplinary or grievance hearing be used in an employment tribunal hearing? In the recent case of Punjab Bank v. Gosain, the EAT decided that the answer is - "yes they can" - particularly if the panel members' private comments were not part...