Employment Tribunal | LabourBlawg - Part 5

Employment Tribunal

Man wins age discrimination claim after being referred to as “Yoda”

January 21, 2013

An employee has won his age discrimination and unfair dismissal claim against his employers after he was nicknamed “Yoda” and made redundant. Mr Nolan, a service team leader at Evans Halshaw Motorhouse Workshop, complained to an Employment Tribunal that he had been discriminated against and unfairly dismissed after he was made redundant in February 2012. […]

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Whistleblowing – what is it?

January 21, 2013

There’s been a spate of whistleblowing cases in the news recently – a  Royal Marine claimed he was sacked after highlighting financial irregularities, a former Royal Bank of Scotland executive went to the Employment Tribunal after claiming he was forced out over problems he was highlighting, and a former price analyst at ICIS fired after […]

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Can a compromise agreement protect your business from a TUPE claim?

January 17, 2013

Some business owners choose to either ignore the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) or assume that the provisions will not apply in their set of circumstances.   Recent TUPE cases highlight that complacency can result in expensive litigation and a payout to aggrieved employees. Tamang & Anor v (1) ACT Security Ltd […]

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Identifying the correct Respondent in Employment Tribunal claims

January 16, 2013

If you’ve issued (or are planning to issue) an Employment Tribunal claim for whatever reason (whether it’s for unfair dismissal, discrimination, failure to pay wages, breach of contract etc.) then one of the most important things is to claim against the right employer. This seems like an obvious point but if you claim against the […]

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Phoenix companies and unfair dismissal claims

January 16, 2013

If an employee has been successful against their employer in an Employment Tribunal claim but the company has already (or has subsequently) gone into liquidation then they may have problems enforcing any Order for compensation that they’ve been awarded by the Employment Tribunal. However, what’s the situation if the employee believes that the directors of […]

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New age discrimination claim being pursued against television channel

January 11, 2013

A report in today’s Guardian newspaper outlines that Mr John McCririck is pursuing an Employment Tribunal claim against Channel 4 and IMG Sports Media after he was dropped from the presenting team of Channel 4’s flagship racing programme. Mr McCririck, 72, has been involved with the Channel 4 horse racing programme, Channel 4 Racing, for […]

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Volunteer settles Employment Tribunal discrimination claim

January 6, 2013

A disabled woman has settled her Employment Tribunal claim against the London Organising Committe of the Olympic Games and Paralympic Games (“LOCOG”) after a recent Court of Appeal decision. Ms Tracy Part, 42, started volunteering for LOCOG in their catering department last year, working primarily in the Athletes Village prior to the start of the […]

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Employees should be allowed to carry out Trade Union activities in the workplace

January 4, 2013

The Socialist Worker recently reported on an Employment Tribunal claim involving a Trade Union activist and her employer, the Equality and Human Rights Commission (“EHRC”). Her employer attempted to stop her from carrying out Trade Union-related strikes and protests against cuts and outsourcings made at the EHRC last year. She therefore issued an Employment Tribunal […]

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Compensation limit in unfair dismissal claims to be increased in 2013

December 16, 2012

The annual increase in the limits on particular Employment Tribunal awards and other amounts payable under employment law legislation have been announced by the Ministry of Justice. The limit on a week’s “gross pay” (which is used to calculate statutory redundancy payments and the “Basic Award” in unfair dismissal cases) has been increased from £430 […]

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Employment Tribunal shouldn’t substitute own view for that of the employer

December 11, 2012

In this post we’re going to take a look at the “range of reasonable responses” test in unfair dismissal claims and examine (in particular) what this test is, how it should be applied by the Employment Tribunal in unfair dismissal cases, and when a decision of the Tribunal may be open to challenge on this […]

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