Employment Tribunals

News & Analysis as of

Case Alert: The Duty to Offer an Alternative Vacancy to Women on Maternity Leave

In Sefton Borough Council v Wainwright, the Employment Appeal Tribunal (EAT) held that employers must offer a woman on maternity leave a suitable alternative vacancy when they first become aware that her role is redundant or...more

Challenge to employment tribunal fees fails

Gurpreet Duhra, a Partner in our Sheffield office comments: The High Court has dismissed a second judicial review application by Unison challenging the introduction of employment tribunal fees. This means that, for now,...more

UK Employment Alert: UPDATE: Unite Will Not Appeal Holiday Pay Ruling

Unite, the trade union that backed the majority of the claimants in Bear Scotland v Fulton regarding the calculation of holiday pay, has announced it will not appeal the Employment Appeal Tribunal decision....more

Case Update: Workers will not Appeal Holiday Pay Overtime Ruling

We recently reported on the Employment Appeal Tribunal’s (EAT) important decision on the calculation of holiday pay. This decision established that payments in respect of “non-guaranteed overtime” must be taken into account...more

Non-Guaranteed Overtime to be Included in Holiday Pay

Following on from our Hot Off The Press legal update, we report in more detail below on the much publicised decision of Bear Scotland Ltd v Fulton UKEATS/0047/13 & Others in which the UK Employment Appeal Tribunal (EAT)...more

UPDATE: Unite Will Not Appeal Holiday Pay Ruling

What Has Happened? - One effect of the EAT’s judgment was to dramatically limit workers’ rights to bring Employment Tribunal claims for historic underpayments of holiday pay. It had been widely expected that Unite...more

2014 Review of the year

Sandra Wallace, Partner and UK Employment Group Head, highlights the most important legislative and case law developments from 2014 and identifies the key cases to watch out for in 2015....more

The Costs of Employment Tribunal Claims - Hidden Extras?

When considering the potential dismissal of an employee, UK employers understandably want to know what their maximum financial exposure could be if things go wrong. There is, however, often no simple answer to this question....more

Case Alert: EAT Rules that Holiday Pay Includes Allowances and Non-Guaranteed Overtime

In a landmark decision, the Employment Appeal Tribunal (EAT) has decided that payments in respect of “non-guaranteed overtime”, which is overtime that an employer is not required to offer, but an employee is required to work...more

Important New Case on Holiday Pay: 7 Things UK Employers Need to Know

UK Employment Appeal Tribunal’s decision could expose UK employers to claims of underpaying holiday pay in the past. 1. What are all the headlines about? On Tuesday, 4 November 2014, the UK Employment Appeal...more

Hot off the Press: UK Holiday Pay - All Change?

A decision reached on 4 November 2014 by the Employment Appeal Tribunal is likely to have major implications for employers calculating holiday pay. The EAT found that overtime which an employee was required to work should be...more

Holiday Pay - Not As Bad As It Could Have Been

Yesterday, the Employment Appeal Tribunal (EAT) gave its long-awaited decision in Bear Scotland v Fulton and Ors on whether or not overtime should be included in holiday pay....more

Holiday pay: the verdict

The Employment Appeal Tribunal (EAT) has today handed down judgment in the closely observed holiday pay appeals in Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v Wood and others; and Amec Group Ltd v Law and others (the...more

UK Employment Appeal Tribunal Rules That Overtime Pay Should Be Included in Holiday Pay

The Employment Appeal Tribunal in the United Kingdom ruled today that in determining "pay" for the purposes of paid holiday entitlement for those undertaking their employment duties in the UK, remuneration for voluntary,...more

UK Holiday Pay Rulings - Overtime Pay To Count But Retrospective Claims Potentially Limited

This OnPoint reports on the judgments handed down by the Employment Appeal Tribunal today confirming that under UK law the calculation of holiday pay must include overtime and taxable travelling time payments, that the...more

Employee's Fundamental Breach Was No Bar to Constructive Dismissal Claim

In Atkinson v Community Gateway Association UKEAT/0457/12, the Employment Appeal Tribunal (EAT) considered whether an employee in fundamental breach of his employment contract could still bring a constructive dismissal claim...more

Case Alert: Territorial Jurisdiction and Establishing a Sufficiently Strong Connection with Great Britain

In Creditsights Ltd v Dhunna the Court of Appeal restored an employment judge’s decision that the employment tribunal did not have jurisdiction to hear claims brought by an employee working abroad. Mr Dhunna was employed by...more

Acas Early Conciliation Statistics

As we reported in March this year, a new scheme came into force on 6 April 2014 which requires a prospective claimant to contact Acas (the UK employment conciliation service) before they can bring a claim in the Employment...more

US Citizen Could Not Bring Claims in the UK

In Fuller v United Healthcare Services Inc & Anor UKEAT/0464/13/BA, the Employment Appeal Tribunal (EAT) considered whether a US citizen who spent approximately half his time working in the UK could bring statutory employment...more

TUPE: Service Provision Change

In Costain Ltd v Armitage UKEAT/0048/14, the Employment Appeal Tribunal (EAT) considered the correct test to be applied to determine whether an employee's employment transferred under TUPE in the context of a service...more

France: Courts Limit Claims for Constructive Dismissal

Constructive dismissal is, in effect, a resignation treated as a dismissal. The employee terminates the employment contract in response to an employer’s alleged breach and the Employment Tribunal then assesses the employer’s...more

England and Wales: Tribunal Fees...One Year On

What are they? Since 29 July 2013, a prospective claimant must pay a fee before they can issue a claim in the employment tribunal. The claimant must also pay a further (and much higher) fee at a second stage, usually...more

Failure to enhance paternity pay not discriminatory

In Shuter v Ford Motor Company, an employment tribunal has held that a male employee was not discriminated against when he received only statutory pay during a period of additional paternity leave (APL) whereas a female...more

HR Letter Had Contractual Effect

In Hershaw v Sheffield City Council UKEAT/0033/14/BA, the Employment Appeal Tribunal (EAT) considered whether a grievance outcome letter from an HR consultant setting out better terms of pay for the aggrieved employees was...more

Resignation and Constructive Dismissal

In Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA, the Employment Appeal Tribunal (EAT) considered whether an employee had lost the right to claim constructive dismissal because he had delayed in resigning....more

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