It seems, following the defeat of the last Unison challenge last year, that at least for now Employment Tribunal fees are here to stay. There are two sides to every argument; the Government argues that it is right to ask service users to contribute to the costs of running of the system. The Opposition and […]
Tag: employment solicitor oundle
Happy New Year
Happy New Year to all my readers, followers and clients. 2014 has been a fantastic year. I have concluded a number of settlement agreements for clients where in all bar one case they secured a better package. I have represented clients in Tribunal where the claims have settled for great results. I have also provided […]
Deposit orders in the Tribunal
Under the Employment Tribunal Rules which came into force in July 2013, at a preliminary hearing, if an Employment Judge considers that any specific allegation or argument in a claim or response has little reasonable prospect of success, they can make an order requiring a deposit to be paid as a condition of continuing that […]
ACAS guidance on shared parental leave
ACAS has now published guidance on the new shared parental leave rules. The new rules are due to come into effect in December 2014 and the guidance sets out best practice for employers and employees as well as containing a number of useful documents including a shared parental leave policy. The guidance is available here.
Early conciliation statistics
The first quarter’s statistics for ACAS Early Conciliation have been released. In April, the scheme was still voluntary and ACAS processed around 1,000 applications a week. Once the process became compulsory in May and June this rose to an average of 1,600 applications. ACAS say that this mirrored the expectation for demand on the service. Interestingly, […]
Reasonable adjustments
The EAT has held that the employer in Dominique v Toll Global Forwarding Ltd had failed in its duty to make reasonable adjustments by not adjusting the redundancy selection criteria where a disabled employee was placed at a substantial disadvantage even though the adjustment to the criteria would not have made a difference to the outcome. […]
Holiday pay and death
A recent ECJ decision has confirmed that if a worker has accrued but untaken statutory annual leave entitlement at the time of their death then the estate is entitled to payment in lieu in respect of untaken holiday. The right does not die with the employee. The ECJ in the case of Bollacke v K […]
Flexible working
The new rules regarding flexible working came into force on 30th June 2014. Now all employees with 26 weeks service have the right to request to work flexible. Prior to this they had to be the parent or responsible for a child or disabled child or be a carer. Employers can also sigh relief at […]
Flexible working for all
On 30th June 2014, the new rules concerning flexible working come into force. Employees still have to have 26 week’s service to make a request but no longer need to have parenting or caring responsibilities as they have done in the past. The request simply need to be made in writing, dated and state whether […]
Can an employee who is constructively dismissed contribute to their dismissal?
The EAT has recently decided yes following the case of Frith Accountants Ltd v Law but recognised that it would be usual but not exceptional for a constructive dismissal to be caused or contributed to by any conduct by the employee. In this case, the Claimant Mrs Law was 62 years old and her employer […]