References by an employee to infringements of legal rights and to Acas and to Early Conciliation (a statutory element of the employment tribunal process) are clear signposts to the possibility of litigation and therefore that there is a ‘dispute’ for the purpose of determining whether the without prejudice rule applies. In addition, the fact that… >>
In circumstances where (1) the respondent had withdrawn a job offer to the claimant, (2) the claimant had previously been employed by the respondent in a similar role but had resigned following a period of performance management, (3) the claimant was seeking five years of loss of earnings as a result of the discriminatory withdrawal… >>
A total of 17,822 claims were received by employment tribunals and 12,608 claims were disposed of, in the period from July to September 2022 (Q2 2022–23), with almost 500,000 claims outstanding at 30 September 2022, according to statistics published by the Ministry of Justice (MOJ) in its latest quarterly report. Compared to Q2 2021–22, overall… >>
Where an employee is unfairly dismissed for redundancy without any consultation or other process, in deciding what deduction (if any) should be made to reflect that a fair process might have still led to dismissal, an employment tribunal should consider: (1) what the outcome would have been had there been warning and genuine consultation with… >>
The Employment Appeal Tribunal (the EAT) ruled on the employee’s appeal against the employment tribunal’s (The ET’s) decision, rejecting his claims which alleged that his selection for redundancy, without the employer having given adequate consideration to his disability, had amounted to a failure to make reasonable adjustments. The employee, who suffered from depression and arthritis, had… >>
According to a Statement to Parliament by the Secretary of State for Work and Pensions and proposals set out in a Department for Work and Pensions policy paper, in April 2023: (1) the rates for Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay, Statutory Parental Bereavement Pay and Maternity Allowance… >>
The High Court took the opportunity to reconcile existing authorities’ vagueness, notably Tchenguiz v Imerman, in finding that a breach of confidence by the taking of confidential information is ipso facto an equitable wrong without the need for a claimant to demonstrate any ‘positive harm’ emanating from the same. The database claim was likewise made… >>
A successful appeal against a dismissal will automatically result in reinstatement back into employment unless the employee objectively and unequivocally withdraws their appeal against dismissal prior to the appeal being decided. This remains the case even in circumstances where the employee expressly says to the appeal decision maker that they do not want to return… >>
Under section 147 of the Equality Act 2010 (EqA 2010) it is not possible to settle or compromise claims before they have arisen. Therefore a clause in a settlement agreement to waive the employee’s right to claim age discrimination was of no effect where the circumstances said to give rise to such a claim, e.g…. >>