Employment Tribunal Archives - Goldenleaver
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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...

The Employment Appeal Tribunal (EAT) recently announced their decision in 3 separate cases which all looked at the issue of how to properly calculate a worker's holiday pay. As a result the cases were heard together and the EAT was able to give a single decision. You have probably heard plenty of talk about this already as the EAT's decision was of such importance to businesses and workers that even the national press has been following the story. To put it...

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...

An Employment Tribunal can award an injury to feelings award in successful discrimination cases. An injury to feelings award is a similar style award to a general damages award recovered in a personal injury case. The award is not linked to a claimant’s actual financial loss and therefore an employee can recover compensation for injured feelings when there has been no loss at all. This is an interesting case as it reaffirms that the award is not intended to be...

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...

The Government appears to be succeeding in its aim of unclogging the Employment Tribunal system and converting its activities from sclerotic to superfast.  Many people think that it is doing so by promoting targets at the expense of justice (an old fashioned, but still important concept).  Whether this will actually be so will take a while to come out in the wash.  In the meantime, the hurdles for Claimants have become higher and the consequences for Respondent employers easier to...

Below is a round up of the changes in employment law we can expect in the next few weeks: Employment tribunals and compensatory awards – The maximum compensatory award will increase from £74,200 to £76,574 (subject to the limit of one year’s pay which has existed since July 2013) in respect of dismissals that take place on or after 6th April 2014. Employment tribunals and a week’s pay – The maximum of a week’s pay increases from £450 to £464 in respect...

Many of us predicted that the introduction of fees in July 2013 for claims in Employment Tribunals would reduce the number of claims being brought. However, none of us anticipated a staggering 79% drop in the number of applications lodged in the last quarter of 2013 (compared with the same period in 2012). Is it good news for employers? Generally it is because troublesome claimants with weak claims who were clogging up the system and wasting management time and cost seem,...