There is no geographical restriction on an employment tribunal’s power to order disclosure against a party to the proceedings. This is because the tribunal’s power to order disclosure against a party derives from its general case management powers set out in Rule 29 of the Employment Tribunals Rules of Procedure and not under Rule 31,… >>
In dismissing the appellant company’s appeal against a costs order of the Employment Tribunal (ET), which had capped the costs that could have been awarded to the appellant following a detailed costs assessment to a maximum of the total sum of compensation and costs that had been awarded to the respondent as part of the… >>
As a result of the latest national lockdown caused by the coronavirus (COVID-19) pandemic, employment tribunals are generally to facilitate hearings being held remotely (either wholly or in part) and to hold in person hearings only where necessary in the interests of justice, according to messages sent out to Employment Tribunal National User Group members… >>
A party who makes an application to strike out all or part of another party’s claim or response under Rule 37(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (the ET Rules) has no right under Rule 37(2) to insist upon that application being considered at an oral hearing in public, according… >>
HM Revenue & Customs (HMRC) has published new guidance on National Insurance (NI) and social security contributions for UK and EU workers to help stakeholders prepare for the end of the transition period and beyond. Further new and updated guidance may be issued, so stakeholders are advised to monitor these pages for updates. HMRC has… >>
Non-competition, non-solicitation and non-dealing clauses invalid but other contractual breaches found. The case of Quilter Private Client Advisers v Falconer [2020] EWHC 3294 (QB) concerned claims by the claimant (Quilter), the former employer of the first defendant (EF), an FCA regulated financial services adviser, that she was in breach of contract in working in the same… >>
A redundancy situation under section 139(1)(b) of the Employment Rights Act 1996, i.e., where the employer has a reduced need for employees to carry out work of a particular kind, either exists or it does not. It is open to an employer to organise its affairs so that its requirement for employees to carry out… >>
In dismissing the appellant employee’s appeal against a decision of the Employment Tribunal (ET) and the Employment Appeal Tribunal that he had not been unlawfully dismissed, the Court of Appeal, Civil Division, agreed that it had been fanciful to state that the reason for his dismissal was that the appellant had made protected disclosures under… >>
An employment tribunal is allowed to consider whether a COT3 settlement agreement should be set aside for misrepresentation. In doing so, it is entitled to look at without prejudice material because an exception applies to the without prejudice rule in those circumstances, according to the EAT. Cole v Elders Voice (UKEAT/0251/19/VP) What are the practical… >>