When deciding whether treatment was justified in a claim of discrimination arising from disability, in assessing proportionality, (i) the procedure by which an employer reaches a decision to dismiss is not irrelevant to the balancing exercise required, (ii) the assessment is not limited by the terms of the contract of employment such as place of… >>
8,126 single claims were received by the employment tribunals in the period from January to March 2022 (a decrease of 11% from the same quarter in 2021) and at the end of March 2022 there were 42,406 outstanding single claims (a decrease of 4% from the same quarter in 2021), according to statistics published by… >>
The Minister for Work and Pensions (Lords) and Minister for Women, Baroness Stedman-Scott, has confirmed in a letter dated 25 May 2022 to the Chair of the Women and Equalities Committee (WEC), Caroline Nokes MP, that the government has no current plans to introduce menopause as a further protected characteristic in the Equality Act 2010…. >>
HM Courts and Tribunals Service (HMCTS) has announced plans to establish a new Central London Tribunal Centre. HMCTS has acquired premises at 7 Newgate Street, which will be redeveloped subject to change of use approval by the local authority. HMCTS plans for the new premises to accommodate employment tribunal hearings, as well as war pensions… >>
The Department for Business, Energy and Industrial Strategy has published the 2021 national statistics on trade union membership using the Labour Force Survey to provide an estimate of the levels and density of trade union membership for all UK workers. The report includes estimates presented by gender, sector, age, industry, region, and occupation, and covers… >>
The government has announced that it will not introduce mandatory ethnic pay reporting due to ‘significant statistical and data issues’. The government is expected to provide guidance for employers choosing to report ethnicity pay gaps, particularly for employers in regions with low numbers of people from ethnic minorities. Action 16 of the government’s Inclusive Britain… >>
Under section 18(8) of the Employment Tribunal Act 1996 (ETA 1996) a person who is required to comply with the early conciliation (EC) requirement may not present an employment tribunal claim without first obtaining an EC certificate. Where a claim is presented without the EC certificate first being obtained, that jurisdictional problem cannot be overcome… >>
The HMCTS Reform Employment Tribunal Project has issued the first version of their Frequently Asked Questions document, providing guidance on the progression of the project to stakeholders. The project aims ultimately to deliver a digital case file, interactive web-based case progression system and automation of some processes currently carried out by staff. As part of… >>
The Presidents of the Employment Tribunals in England and Wales, Barry Clarke, and in Scotland, Shona Simon, have issued guidance for employment tribunals on how they should take evidence by video or telephone from persons located abroad. They have confirmed that employment tribunals should follow the approach in the case of Agbabiaka, i.e. that enquiries… >>