News & Analysis as of

Employment Tribunals

Employment Matters – UK - May 2017

Mind the Gender Pay Gap! From April 2017 onwards, all organisations with a headcount of 250 or more must publish annual figures about its gender pay gap. Please see full Newsletter below for more information....more

Employment News - May 2017 #1

by Hogan Lovells on

Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status - The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more

Medical Evidence And Dismissals Following Long Term Sickness Absence

by Dentons on

In O'Brien v. Bolton St. Catherine's Academy [2017] EWCA Civ 145, the Court of Appeal agreed with the tribunal's decision at first instance that a teacher had been unfairly dismissed after more than a year's sickness absence,...more

Strike-Out For Claimant Who Spoke To A Journalist Whilst Under Oath

by Dentons on

Under the Employment Tribunal Rules of Procedure, a tribunal has the power to strike out a claim or response at any stage either on its own initiative, or following an application from another party for a number of prescribed...more

A growing gig economy

by Dentons on

In Boxer v. Excel Group Services Ltd ET/3200365/2016, Mr Boxer brought a successful claim against Excel Group Services Ltd (Excel) for one week’s holiday pay. Mr Boxer had been a cycle courier for Excel since September 2013....more

Employment Tribunal online database – will this facilitate

by Dentons on

HM Courts & Tribunals Service (HMCTS) has recently launched an online database of employment tribunal decisions in a move that is intended to facilitate "open justice" - https://www.gov.uk/employment-tribunal-decisions....more

Compensation Limits on Employment Tribunal Awards

by McDermott Will & Emery on

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2017. This alert sets out the changes in full and highlights important...more

The proposed shake up of Employment Tribunals

by Dentons on

Digital claims, the delegation of authority to caseworkers and a tailored composition of tribunal panels are just three of the proposed reforms to Employment Tribunals. On 23 February 2017, the government published its...more

Increase in UK Employment Compensation Limits

by Dechert LLP on

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2017, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Holiday pay includes commission (still)

by Dentons on

Given the high numbers of potential holiday pay claims that British Gas has waiting in the wings it is unsurprising that following its loss at the Court of Appeal British Gas tried to appeal the decision to the Supreme Court....more

Collective Bargaining Stalemate? - Tribunal finds employer's direct approach to employees unlawful

by DLA Piper on

Employers who recognise a trade union for the purposes of collective bargaining should be aware of a recent tribunal decision which may significantly impact on their ability to implement contract variations where union...more

On Heels of UK Uber Decision, London Bike Courier Ruled Worker 

by Fisher Phillips on

Just last month, an employment tribunal in London held a bicycle courier was not self-employed, but instead should be classified as a worker under English law. Consequently, Maggie Dewhurst, who brought suit against UK...more

UK Court of Appeal Provides Important Ruling on Employment Status

In an important decision regarding employment status in the United Kingdom (UK), the Court of Appeal, in Pimlico Plumbers Limited v. Smith, dismissed an appeal by Pimlico Plumbers concerning the employment status of a former...more

What Does the Future Hold for Employment Tribunal Reform?

by Reed Smith on

The Ministry of Justice has recently published its review of the introduction of Employment Tribunal (‘ET’) fees. The fees were first introduced 2013 and many groups have raised concerns that they are a potentially serious...more

Gig Economy — Bike Couriers Set the Wheels in Motion on Workers Benefits

by Seyfarth Shaw LLP on

‘Gig’ economy: Latest developments - In a further challenge by a worker in the ‘gig’ economy, an Employment Tribunal has ruled that a cycle courier was a ‘worker’ and qualified for various employment protections. The...more

Online employment tribunal judgments

by Dentons on

The “Employment tribunal decisions” website has now been launched and there are already three pages of decisions that have been uploaded (currently decisions from 2015 onwards). The launch of this website will make getting...more

Latest "Gig Economy" Case: Courier Held to Be a Worker

by Faegre Baker Daniels on

In the latest in a string of cases concerning the employment status of those working in the “gig economy”, the Employment Tribunal in Dewhurst v City Sprint UK Ltd ET2202512/2016 considered whether a courier was a worker or a...more

Can Expired Warnings Be Taken Into Account When Deciding Whether to Dismiss?

by Faegre Baker Daniels on

In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee. Mr Stratford held...more

Uber, CitySprint, Deliveroo… time for change?

by Dentons on

The negative press around gig economy working has been prevalent over the past few months. Below, we take a look at the most significant developments in case law, including some innovative attempts by one trade union to...more

Unfair prejudice and wrongful dismissal: combining claims

by Dentons on

The High Court has considered whether it is possible to bring a claim for wrongful dismissal within a petition for unfair prejudice under section 994 of the Companies Act 2006....more

Judges discriminated against in judicial pension scheme reforms

by Dentons on

Six High Court judges have succeeded in their claims against the Ministry of Justice about the introduction of the judicial pension scheme reforms. All six judges alleged that they had been discriminated against on the...more

CitySprint courier delivered employee status by employment tribunal

by Dentons on

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996. In Dewhurst v CitySprint UK Ltd, the...more

Perry’s Motor Sales Ltd v. Edwards

by Dentons on

This case involved a Claimant that had been dismissed for gross misconduct taken together with an existing final written warning. The misconduct (on both occasions) was in relation to invoicing issues with the latter incident...more

Uber Case-Status of UK Uber drivers

by Locke Lord LLP on

Background - A significant employment law issue in the UK is whether an individual has the legal status of an “employee”, rather than of a self-employed consultant; employee status giving the individual a raft of rights...more

Uber Drivers Are Workers, Not Self-Employed Contractors

by Faegre Baker Daniels on

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

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