News & Analysis as of

Employment Tribunals

Employee privacy and monitoring

by Dechert LLP on

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

Whistleblowing: the public interest test

by Dentons on

The Chesterton case has been doing the rounds for a number of years. The facts are relatively straightforward but the principles involved are highly important....more

Supreme Court holds Employment Tribunal fees are unlawful

by Dentons on

In what has been described as the biggest news in employment law in the last 50 years, on 26 July 2017, the Supreme Court ruled that the Employment Tribunal fees regime introduced controversially in 2013 was unlawful....more

Never a Dull Moment in Employment Law: Whistleblowing and More

by Dechert LLP on

The Supreme Court’s recent decision quashing the Employment Tribunal fee regime is not the only recent employment law news of which UK employers need to be aware. This OnPoint summarises some other recent developments....more

“Queue here for the Gravy Train” – Impact of Supreme Court Decision Outlawing Employment Tribunal Fees

by Locke Lord LLP on

The above was a typically restrained Daily Mail headline following Wednesday’s Supreme Court’s Judgement in R (on the application of Unison) v Lord Chancellor, declaring employment tribunal fees to be unlawful. In reality...more

The Good Work: The Taylor Review

by Faegre Baker Daniels on

The Good Work: The Taylor Review of Modern Working Practices (the Review), an independent report commissioned by the U.K. government to analyse the changing employment landscape, was published on 11 July 2017....more

U.K. Supreme Court: Employment Tribunal Fees Are Unlawful

by Faegre Baker Daniels on

In a landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the U.K.’s Supreme Court unanimously found that the Employment Tribunal fee regime is unlawful. Since 2013, claimants have had to...more

UK Employment Tribunal Fees Abolished with Immediate Effect

by Seyfarth Shaw LLP on

The regime by which claimants in the UK bring employment-related claims is set for radical change after the UK’s highest court ruled that the current fee system is unlawful. With immediate effect, claimants no longer have to...more

UK Supreme Court Rules Employment Tribunal Fee Regime Unlawful

by McDermott Will & Emery on

A significant judgment delivered on 26 July 2017, by the UK Supreme Court increases the likelihood of employment claims being brought in the future and is of significance to all organisations employing staff in the United...more

Employment Matters – UK

In 2013, the UK introduced fees for claims made to employment tribunals and the Employment Appeal Tribunal. The legality of this was challenged by Unison, the trade union. Today, the Supreme Court unanimously ruled that...more

UK Law Lords in Historic Decision on Employment Tribunal Fees

In a judgment that many commentators are calling the most significant in employment law in over 50 years, on July 25, 2017, the United Kingdom’s Supreme Court decided that the system whereby employees must pay fees to bring...more

UK Supreme Court finds that Employment Tribunal fees are unlawful

by Dechert LLP on

In an important judgment today, the UK Supreme Court has ruled that the introduction of Employment Tribunal fees in 2013 was unlawful and that fees should no longer be charged, with immediate effect....more

Good Work, The Taylor Review of Modern Working Practices

by Dechert LLP on

The Taylor Review of Modern Working Practices was published this week and this update reports on its detailed recommendations for reform of UK employment law in terms of its application to those who are engaged other than as...more

Employment Claims Tribunal, Enhanced Tripartite Mediation Come to Singapore

by Morgan Lewis on

Singapore’s employment landscape has recently witnessed a marked shift toward being more employee friendly, making it easier for a wider range of employees to bring employment claims in a low-cost and expeditious manner....more

When whistleblowing is in the public interest… and it’s not just a question of numbers

by Dechert LLP on

This update reports on the Court of Appeal’s judgment in Chesterton Global Limited and anor v Nurmohamed in which it considered the public interest requirement of the UK’s whistleblowing legislation....more

Taylor Review: A Review of the Review

by Reed Smith on

On 11 July 2017, the much-anticipated Taylor Review was published, with a speech by Matthew Taylor outlining his recommendations, followed by comments from Prime Minister Theresa May. The opening lines of the Review set out...more

Shared Parental Leave - Should Pay Be Equalised With Maternity Pay in the UK?

by Dechert LLP on

Whether employers can lawfully – or indeed should – equalise the Shared Parental Pay which they offer with the enhanced maternity pay which they provide – is proving not to be a straightforward issue as a recent Employment...more

Employment News - June 2017 #2

by Hogan Lovells on

Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it - According to the preliminary Opinion of the European Court in The Sash...more

Proving unlawful discrimination – lackadaisical attitude of investigator does not amount to discrimination

by Dentons on

Evidencing unlawful discrimination can be difficult, usually because there is often no way to evidence why a person has acted in the way that they have. The law recognises this difficulty and reflects it in its rules relating...more

The sky does have a limit when it comes to the age of commercial pilots

by Dentons on

The default retirement age in the UK was abolished on 6 April 2011. Since then, some employers have set their own fixed retirement age. However, in order to implement a fixed retirement age, and avoid successful claims of...more

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

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