ACAS have recently published their Guidance on the Gender Pay Reporting requirements that are due to come into force on 6th April 2017. The guidance covers the law which is not yet in force but it is a useful starting point for those wanting to understand their obligations and why it was introduced in the first place. […]
Tag: Employment tribunal claims
Reinstatement orders
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 […]
Gender Pay reporting delayed
Gender pay reporting was supposed to come into force on 1st October 2016. We were expecting draft legislation over the summer. We do however understand that the Government Equalities Office has confirmed that gender pay reporting has been delayed until at least April 2017. We are expecting draft legislation in the Autumn. The proposed measures […]
Discrimination against job applicants
The European Court has heard the first case concerning whether the Equal Treatment Directive applied to an applicant who made an application not because he wanted a role but rather to seek compensation for discrimination. The applicant applied for a trainee position as a graduate when he was neither. His application was rejected at the first round and […]
Rejecting ET claims
The EAT has held in the recent case of Trustees of the William Jones’s School Foundation v Parry that rule 12(1)(b) of the Employment Tribunal Rules might be outside the scope of the primary legislation which made those rules. This is technically known as being “ultra vires”. The Claimant submitted an ET1 just within the limitation period […]
Employment Tribunal Statistics
The Ministry of Justice has published the employment tribunal statistics for the third quarter of 2015 for employment claims. The statistics cover the period July to September 2015 with the number of claims received by the tribunal similar to the previous quarter. During the period, 4,345 single claims were received by employment tribunals, which is […]
Unison Loses Court of Appeal Challenge
The Court of Appeal has dismissed Unison’s appeals against the judicial review application challenging the legality of employment tribunal fees. Again, as seems to be a theme in the litigation, the Court agreed that Unison had not provided enough evidence to establish that the fees regime reached the EU law principle of effectiveness. The statistics […]
Cannot pay a costs award?
What if a Claimant cannot pay a costs award? This is of course a mitigating factor against awarding a costs award and something the Judge may consider. However, in the case of Chadburn v Doncaster and Bassetlaw Hospital NHS Foundation Trust and another the EAT held that there was no reason why the question as […]
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, […]
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.