Just a reminder that ACAS pre-claim conciliation is now mandatory from today. Claimants must now contact ACAS using the prescribed methods before they bring a claim to the employment tribunal if their claim involves unfair dismissal, discrimination and other common claims set out in the new legislation. If Claimants don’t confirm that they have an […]
Dealing with employee grievances
This month’s business briefing, outlines how to handle grievances. Dealing with a grievance effectively can avoid employment tribunal claims by allowing the issue to be resolved internally. The Acas Code of Practice on Disciplinary and Grievance Procedures was introduced to help businesses and employees resolve grievances in the workplace. Why is it important to follow the Acas […]
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.
Employment Tribunal Forms
A reminder that when the ACAS pre-claim conciliation becomes mandatory on 6th May the ET1 and ET3 forms will change again. Any claims or responses presented after this date on the old forms will not be accepted.
Recovering benefit overpayments from earnings
The Department for Work and Pensions (DWP) has a new means of recovering money owed to it by those formerly in receipt of benefits. The DWP can now issue a Direct Earnings Attachment (DEA) notice instructing an employer to make deductions from an employee’s earnings without the need for DWP to obtain a Court Order […]
Asda faces equal pay claims
An equal pay test case has been brought by 414 employees of Asda. The Claimants who are mostly women assert that their store roles are of equal value to higher paid positions in the Asda distribution centres which are held by mainly men. The press reports are that the case is before the Tribunal over […]
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 […]
Employment law changes this month
There are a number of employment law changes which came into effect on the 6th April 2014. A summary of these changes is set out below: Acas conciliation The Acas early conciliation procedure will be introduced. Discrimination questionnaires Section 138 of the Equality Act 2010 (which deals with discrimination questionnaires) will be repealed. Employment […]
Whistleblowing cases
The EAT in the recent decision of Blackbay Ventures Ltd t/a Chemistree v G**** set out an approach that Employment Tribunals should take when considering protected disclosure cases, which may also assist those representing clients in such cases or those bringing such cases. The EAT identified a number of steps that may be taken by the Tribunal, […]
Restrictive Covenants
There is a familiar legal concept, which is that the Court can delete parts of a restriction to make it enforceable. The High Court has taken this a step further in the recent decision of Prophet Plc v Huggett [2014] where the Court read words into the restrictive covenant to produce a commercially sensible result. […]