The App Drivers and Couriers Union (ADCU) has launched legal action against Uber for its failure to make Sharia compliant pension arrangements. ADCU states legal action will ensure inclusion and access to suitable pension arrangements and argues that Uber is in breach of the Equality Act 2010. ADCU adds that, as 75% of UK Uber… >>
An employee who requests voluntary redundancy does not necessarily have no reasonable prospects of success in a claim for unfair dismissal. The employee’s complaints about the process that led them to make the request are relevant to issues to be considered as part of a claim for unfair dismissal, including whether there was a potentially… >>
As part of their inherent jurisdiction to determine how the open justice principle should be applied, employment tribunals have the power to order a party to provide a non-party (e.g. a newspaper reporter) with access to documents used at a tribunal hearing, even after the conclusion of that hearing. Where an application for access is… >>
The Presidents of the Employment Tribunals in England and Wales, Barry Clarke, and in Scotland, Shona Simon, have issued a road map for employment tribunals in the 2022–23 financial year. It states that, subject to regional variations and to applications made in individual cases for a judicial decision on the format the hearing should take,… >>
In Mathur, the First-tier Tax Tribunal (FTT) dismissed the taxpayer’s appeal, finding that a payment from a former employer in settlement of Employment Tribunal proceedings was taxable as employment income because it was received by the taxpayer ‘indirectly in consequence of, or otherwise in connection with’ the termination of her employment. Shivani Mathur v HMRC… >>
The recent tribunal ruling in Jones v JP Morgan Securities plc illustrates how a financial services employer’s position on providing a regulatory reference could influence the likelihood and nature of a tribunal order to re-engage an employee who has been unfairly dismissed. It is also flags the possibility of an order being made to procure… >>
The Court of Appeal has dismissed the claimants’ appeal against their unsuccessful claims for a final injunction and damages for misuse of private information and breach of confidence arising from the first defendant’s employee’s use of a business email account for personal emails. The judge at first instance had determined that the claimants had no… >>
From 6 April 2022, new increased compensation limits for employment tribunal claims will come into force, including a revised figure of £571 (currently £544) for the maximum amount of a week’s pay (used for calculating various awards including statutory redundancy payments and unfair dismissal basic awards), and a higher maximum unfair dismissal compensatory award of… >>
An unfair dismissal compensatory award may be reduced for contributory conduct by the employee even if it could be said that, if the employer had acted fairly, a dismissal would not have occurred, according to the Employment Appeal Tribunal (EAT). Wilkinson v Driver and Vehicle Standards Agency What are the practical implications of this judgment?… >>