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#Employment Tribunals
It has been a tumultuous few years for the Conservative party and the recent Supreme Court ruling has added to the party’s list of woes. The government will now have to repay £32m to parties following the Court’s unanimous decision that the tribunal fee regime was unlawful.
Tribunal fees: should you prepare for a deluge of claims and what happens next?
1
Sep
2017
Tribunal fees: should you prepare for a deluge of claims and what happens next?
It has been a tumultuous few years for the Conservative party and the recent Supreme Court ruling has added to the party’s list of woes. The government will now have to repay £32m to parties following the Court’s unanimous decision that the tribunal fee regime was unlawful.
#Employment Tribunals
Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ case for discrimination before the burden shifts to the respondent to show that its actions were not discriminatory.
Claimants no longer need to “shift the burden of proof” in discrimination claims
18
Aug
2017
Claimants no longer need to “shift the burden of proof” in discrimination claims
Section 136 of the Equality Act 2010 is headed “the burden of proof”. It has long been considered that in discrimination cases the claimant has to show a ‘prime facie’ case for discrimination before the burden shifts to the respondent to show that its actions were not discriminatory.
#Employment Tribunals
The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions
Tribunal Fees: Resurrecting rejected claims?
10
Aug
2017
Tribunal Fees: Resurrecting rejected claims?
The Supreme Court decision on 26 July 2017 that Employment Tribunal fees were unlawful was expected to have wide-ranging repercussions
#Employment Tribunals
In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions.
What does a “week’s pay” include for the purposes of calculating tribunal awards?
4
Aug
2017
What does a “week’s pay” include for the purposes of calculating tribunal awards?
In University of Sunderland v Drossou, the EAT concluded (departing from previous authorities) that the figure for a “week’s pay” when calculating tribunal awards should include employer pension contributions.
#Employment Tribunals
This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of UNISON) v Lord Chancellor. The Court found that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (the “Order”) prevents access to justice and is unlawful.
Supreme Court finds Tribunal fees to be unlawful: What will happen now?
28
Jul
2017
Supreme Court finds Tribunal fees to be unlawful: What will happen now?
This week the Supreme Court handed down what has been described as “the most important judgment in employment law of the last fifty years” in R (on the application of UNISON) v Lord Chancellor. The Court found that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (the “Order”) prevents access to justice and is unlawful.
#Employment Tribunals
The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic
Tribunal fees unlawful!
26
Jul
2017
Tribunal fees unlawful!
The Supreme Court has unanimously upheld Unison's appeal against Tribunal fees finding that the current fee regime is unlawful both under domestic
#Employment Tribunals
In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants can
Potential increase to damages bands for injury to feelings
24
Jul
2017
Potential increase to damages bands for injury to feelings
In discrimination claims (and in some other claims such as those for detrimental treatment following a protected disclosure), claimants can
#Employment Tribunals
In Giny v SNA Transport Limited, the Claimant brought several claims in the ET against his former employer. Before issuing his ET1 claim form, he contacted ACAS to commence early conciliation.
ACAS Early Conciliation – Ensure the correct Respondent is identified!
18
Jul
2017
ACAS Early Conciliation – Ensure the correct Respondent is identified!
In Giny v SNA Transport Limited, the Claimant brought several claims in the ET against his former employer. Before issuing his ET1 claim form, he contacted ACAS to commence early conciliation.
#Employment Tribunals
Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda.
Save money. Live to regret it?
30
Jun
2017
Save money. Live to regret it?
Last week (in Farmah & ors v Birmingham City Council & ors) the EAT gave an important Judgement in five different multiple equal pay claims, including the large scale claims against Asda.
#Employment Tribunals
In general, claimants are only allowed to bring Employment Tribunal claims after submitting an ACAS EC notification form and receiving an EC certificate.
No second bite at the cherry with ACAS early conciliation
7
Apr
2017
No second bite at the cherry with ACAS early conciliation
In general, claimants are only allowed to bring Employment Tribunal claims after submitting an ACAS EC notification form and receiving an EC certificate.
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