When considering the effect of an employer’s failure to comply with a relevant Code under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), employment tribunals might choose to apply a four-stage test including considerations of (1) whether an Acas uplift would be just and equitable, (2) if so, at… >>
The Courts and Tribunals Judiciary has published general guidance to ensure consistency in the provision of electronic bundles (e-bundles) for court hearings (but not tribunal hearings) to promote efficient preparation and management of hearings. This guidance replaces previous guidance published in May 2020. The guidance includes the following information: e-bundles should be in pdf format… >>
Where, because of the scandalous, unreasonable or vexatious manner in which proceedings have been conducted by or on behalf of a party, it is impossible to conduct a fair contested trial within the existing trial window, that can be grounds for striking out some or all of the claim or response (provided such an order… >>
When considering whether or not stand-by or on call time is to be regarded as ‘working time’ under the Working Time Directive for the purpose of the maximum working week, rest breaks and rest periods, relevant factors will include: 1) whether the worker has to be in a specific place during their periods of stand-by… >>
In Little Piece of Paradise Ltd v HMRC, the First-tier Tribunal (FTT) found that the relationship between Sky and a TV sports presenter was one of a contract of service and therefore dismissed the presenter’s service company’s appeal against Pay As You Earn determinations and National Insurance Contributions notices. Little Piece of Paradise Ltd v… >>
In cases alleging discrimination, the process of an appeal against a dismissal is treated as being separate from the decision to dismiss, so that when considering whether an employer had knowledge of an employee’s disability at the time of dismissal (for the purpose of a disability discrimination claim based on the dismissal) it is not… >>
When an employment tribunal is considering whether an anonymity order should be made in respect of a sex worker, although the stigmatisation of such workers is a form of reputational damage, that is not sufficient on its own to outweigh the principle of open justice. Therefore, the fact that a judgment would disclose that a… >>
A first instance tribunal decision has ruled that UK law should be read as prohibiting a policy which indirectly discriminates against an employee who cares for a disabled person, for example due to a lack of flexibility over hours or location of work. Currently, discrimination because of association with a person with a protected characteristic… >>
When an employer is seeking to establish objective justification of a policy that is prima facie discriminatory (i.e., demonstrate that it was a proportionate means of achieving a legitimate aim), evidence is generally required (rather than mere assertion). However, some matters will be so obvious that they will barely require evidence, and some evidence may… >>