News & Analysis as of

Employment Tribunals

Employment Matters – UK - UK Employment Tribunal Fees are Being Scrapped

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

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

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