Where a claimant has failed to comply with the early conciliation (EC) requirement but the employment tribunal did not reject the claim under either Rule 10 or 12 of the ET Rules 2013 (now Rules 12 or 13 of the ET Rules 2024), the tribunal should not reject the claim at a later stage, eg… >>
In East Lancashire NHS Trust v Akram [2025] EAT 2, the EAT followed the approach set out by the Supreme Court in Chief Constable of the Police Service of Northern Ireland v Agnew [2024] IRLR 56 on how to calculate a day’s pay for holiday pay purposes. It explained that: • a person should receive… >>
In Afshar v Addison Lee Ltd (Case Nos 3306435/2020, 2207566/2021, and 2203454/2021 to 2203455/2021), Addison Lee drivers who rent their vehicles are workers entitled to the national minimum wage when they are logged in and available to work, an employment tribunal has ruled in the latest successful UK group claim against a gig economy employer…. >>
In Limbu v Dyson Technology Ltd [2024] EWCA Civ 1564, Dyson has lost its dispute to keep a forced labour case out of England, as the Court of Appeal ruled that claims that migrant workers were abused in Malaysian factories should be heard in Britain. The Court of Appeal concluded that England was ‘clearly and… >>
In HSBC Bank Plc v Chevalier-Firescu [2024] EWCA Civ 1550, the Court of Appeal refused HSBC’s attempt to prevent an investment banker from bringing claims of sex discrimination and victimisation over a job she failed to get six years ago, ruling that recently unveiled feedback on her candidacy could revive her case. Pro Employment LawFormed… >>
The insurance industry trade body has said that the sector has increased its senior management-level representation of women last year to 33%. The Association of British Insurers said the proportion of women occupying senior management or director level has gone up from 32% in 2022. Pro Employment LawFormed in 2017, following significant legislative changes designed… >>
In Carozzi v University of Hertfordshire [2024] EAT 169 a Brazilian marketing manager has successfully appealed an employment tribunal decision that an English university did not harass her by making comments about her accent, after the EAT ruled that the wrong legal test had been used to dismiss the claim. Pro Employment LawFormed in 2017,… >>
In L v Revenue and Customs Commissioners [2024] UKFTT 1044 (TC), the First-tier Tribunal (FTT) was required to ascertain the tax treatment of a payment made to the taxpayer by her former employer in settlement of her claim filed with the employment tribunal. The FTT held that, while some aspects of the payment were for… >>
In Deksne v Ambitions Ltd [2024] EAT 171, the EAT has ruled that a temp worker can claim back two years of holiday pay from their former employer after the Supreme Court ruling in Chief Constable of the Police Service of Northern Ireland v Agnew [2024] IRLR 56 removed a limit barring pay claims that… >>