A grievance must be in writing for the Acas Code on Disciplinary and Grievance Procedures to apply but, once that has occurred, if new grievances arise they do not each have to be put in writing for the Code to be engaged, unless there is a ‘material change’ in the nature or scope of the complaint or redress sought such that fairness requires it. In addition, the uplift to compensation for an employer’s failure to follow the Acas Code also applies to awards made against individuals if the relevant individual was responsible for the failure. Finally, contractual terms limiting loss will not be upheld if they produce an outcome which would have the same effect as disapplying or limiting a statutory provision, according to the EAT.
Formed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of barristers’ chambers, consisting only of experienced employment law barristers, offering a full range of specialist advisory, case management, and advocacy services directly to the public through the Public Access scheme. We supply our legal services exclusively in the area of Employment Law to clients located across England & Wales. All of the legal services we supply are covered by professional indemnity insurance with Bar Mutual.
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The Financial Conduct Authority (FCA) has published Policy statement PS25/23: Tackling non‑financial misconduct in financial services, following amendment of the Code of Conduct (COCON) and the Fit and Proper test for Employees and Senior Personnel (FIT) sourcebooks. The policy statement contains final guidance on serious non-financial misconduct (NFM) in the financial services sector, and aims… >>
The President of Employment Tribunals (England & Wales), Judge Barry Clarke, has announced the launch of 18 explainer videos on YouTube aimed at improving access to justice by clarifying tribunal procedures and complex employment law for unrepresented parties. The initiative also seeks to help litigants present focused claims and responses, reducing case management time. This… >>
In Lockwood v Cheshire and Wirral NHS Foundation Trust (ET case numbers: 2401211/2024, 2407178/2024), an employment tribunal has rejected a non-binary National Health Service (NHS) worker’s complaint over repeated misgendering at work, ruling that protections under equality laws did not apply. Judge Nicky Benson ruled that Haech Lockwood, a Cheshire and Wirral NHS Foundation Trust… >>