The Supreme Court has held that an employment tribunal did not fall into an error of law by ordering reinstatement but with the same restriction of duties that applied prior to the Claimant’s dismissal. In McBride v Scottish Police Authority, the Claimant was employed as a fingerprints officer since 1984. In 2000 a group of […]
Tag: employment solicitor northamptonshire
Guide to conducting workplace investigations
ACAS have issued a new guide to conducting workplace investigations. Employers and managers may find the guide useful as a starting point should a conduct issue arise in the workplace. Employers need to carry out a reasonable investigation into the allegations in line with the principles of BHS v Burchell. The ACAS Code of Practice COP1 […]
Holiday pay and commission
Following the European Court of Justice’s decision last year in the case of Lock v British Gas, judgment has now been given by the employment tribunal in Leicester. You will recall that the case was about Mr Lock was a salesman on a basic salary with variable commission paid in arrears. He could not earn commission […]
Obesity could be a disability
The awaited European Court of Justice decision has arrived. This has confirmed that EU law does not prohibit discrimination on the grounds of obesity but that conditions associated with the obesity could amount to a disability. The case set out a test where the long-term physical, mental or psychological impairments may hinder the full and […]
Military reservists
New laws will come into force on 1st October 2014 concerning military reservists. The statutory qualifying period will be removed where the dismissal is connected with the employee’s membership of the Reserve Forces such as the Territorial Army, Royal Naval Reserve, Royal Auxiliary Air Force and Royal Marines Reserves. The statutory qualifying period for unfair […]
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, […]
Appeals against dismissal
A small employer dismissed an employee for gross misconduct. The employee appealed so the employer engaged an independent panel to hear the employee’s appeal. The panel overturned the employer’s decision to dismiss but the employer did not implement the panel’s decision. Where does that leave the employer in an unfair dismissal claim? The ET found […]
Freedom to choose your representative in legal expenses insurance
It has long been established that under Directive 87/344/EC policyholders have the right to a free choice of representative in legal proceedings. The trouble is that this is often difficult to secure as insurers insist that legal proceedings are only after issue and a policyholder should use their panel solicitor notwithstanding the geography and that […]
Date for Tribunal fees judicial review
Unison have confirmed that their judicial review against the introduction of Employment Tribunal fees will be heard on 22nd and 23rd October 2013 at the High Court. The Government have confirmed that if successful it will repay any fees paid following the introduction of Tribunal fees at the end of July 2013. Watch this space.