Having thought that the matter was quite settled following the Court of Appeal decision in Simmons v Castle [2012] which established that employment tribunal claims for injury to feelings were subject to the same 10% uplift as general damages in civil claims, we now have conflicting EAT decisions. In the latest EAT decision in the […]
Tag: employment solicitor thrapston
Shared parental leave and pay
For babies due on or after 5th April 2015 or those who will be placed for adoption after that date there will be new rules around the leave so that parents can take the traditional maternity leave period between them. The mother must take the compulsory leave but after the initial 2weeks or 4 weeks […]
Zero hours consultation
Another consultation has been launched by the Government until 3rd November 2014. Having decided over the summer to introduce a ban on exclusivity clauses in zero hours contracts in due course, the Government consultation is primarily around making sure that employers do not circumvent the ban and ways to avoid them doing so. […]
Whistleblowing consultation
Some years ago an amendment was made to the ET1 form whereby you could ask the Tribunal to refer on the claim if it involved a claim relating to whistleblowing to the appropriate regulator. There was much debate in practice as to whether tactically it was advisable to tick that box or not. I have […]
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. […]
TUPE and Share transfers
It is common ground that TUPE does not apply to share transfers, or so you thought. The recent EAT case of Jackson Lloyd Ltd and Mears Group Plc v Smith shows that matters may not be so straight forward. In this case, the Mears Group rescued the ailing business of Jackson Lloyd and acquired its […]
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 […]
Challenges to the new ET Rules
By way of an update, there have been two recent pieces of news concerning employment tribunals and the changes that came into force last year. Firstly, in connection employment tribunal fees, Unison has been granted permission to appeal the failed judicial review of employment tribunal fees. Further, question time from the House of Commons has […]
Employment Tribunal fees – an alternative
As Employment Tribunal fees are under the microscope an interesting alternative suggested by another blogger can be found here: An alternative Employment Tribunal fees regime: let’s do the maths.