In the second of my blogs on the new Employment Tribunal rules, I am covering case management in the new world. Many of the rules of old remain unchanged just rewritten in a more simple plain english approach. One example of this is in the change by removing the old Rule 11(4) about copying the other […]
Sarah King Employment Solicitor
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SOSR dismissals and the ACAS Code
The ACAS Code of Practice on diosciplinary and grievance procedures has always been applicable in disciplinary situations including misconduct cases, poor performance and capability. It does not apply to redundancy dismissals but the position on some other substantial reason (SOSR) dismissals has been less clear. The positon has been somewhat clarified by Lund v St […]
New rules in the Employment Tribunal
In honour of the changes to the Employment Tribunal rules of procedure which will come into force later this month, this is the first in a series of blogs to highlight the key issues for the parties. The main change to the overriding objective in employment tribunal cases is the addition of wording “avoiding unnecessary […]
Employment tribunal claims
The much publicised changes to the Employment Tribunal rules of procedure and the introduction of fees in the Employment Tribunals will come into force on 29th July 2013. The later being the biggest change of all, ground breaking in the employment world. I will produce a series of blogs over the forthcoming week or so […]
Compromise Agreements/Settlement Agreements
Compromise agreements or settlement agreements as they are to be commonly know as soon, compromise a claim an employee/worker may have against their employer in return for compensation. Commonly they will bring about the termination of employment but not in every case. For employers, they need to ensure that the agreement is legally binding on […]
Redundancy criteria and discrimination
In a recent ECJ case, the Claimant was a legal adviser in a Latvian Government post who took parental leave from November 2007 to May 2009. Before she returned the department was reorganised and a redundancy situation occurred. The employer needed to select one of the four employees for redundancy. It devised criteria based on […]
Constructive dismissal
There is much confusion amongst the public over the term constructive dismissal. I have heard the term used by employees saying that when there is an actual dismissal they have been constructively dismissed and some businesses are totally surprised that such a concept exists until of course they get their first employment tribunal claim. In […]
Excello Law win funniest photo
Sadly I joined too late to share in the fun with the Legal Walk 2013 but the team had a great time and even won the funniest photo competition. Well done George and Amanda!
Insolvency and the employee
Put simply, most creditors in an insolvency situation are unsecured so get the left overs when other high ranking claims have been satisfied. Employees can fall into the higher category of preferential debts or claim certain payments from the State for some of their unpaid wages, any statutory redundancy payment, holiday pay, unfair dismissal basic award […]
(Our news section brings you the latest news on published judgments and cases which are all in the public domain. We only comment on these published cases and not cases of our actual clients. Publication of the case or comments is a public service designed to make the courts and tribunals more accessible and ensures justice is seen to be done. This is why court and tribunal judgments are published publicly.)