Employment Tribunals

News & Analysis as of

Uber Drivers Are Workers, Not Self-Employed Contractors

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

R&R – what the Working Time Regulations say

The Working Time Regulations 1998 (WTR) provide for a right for workers to take a 20-minute rest break where the working day is longer than six hours. The WTR enable a worker to bring a claim if an employer has refused to...more

Game Changer? UK Tribunal Rules Uber Drivers Are Workers

On October 28, the Central London Employment Tribunal held that Uber drivers are not self-employed. As a result, the drivers are entitled to certain “worker” benefits, including paid holidays and a minimum wage. Under the law...more

Uber Drivers Uber Happy

As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors,...more

Guidance on new judicial assessment procedure in employment tribunals published

Judge Brian Doyle, the President of the Employment Tribunals (England and Wales), has issued Presidential Guidance on the protocol for “judicial assessment” in the Employment Tribunal which allows judges to provisionally...more

An Agreement tainted by illegality

Hughes v. The Coupers Partnership Ltd (CPL) UKEAT 0078_16 has provided a reminder of the concept of illegality. The facts - Mr Hughes was a commercial director of CPL from February 1999. He had a written contract of...more

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised...

A federal employee’s objection to the appointment of a workplace violence investigator was valid, the Occupational Health and Safety Tribunal Canada has decided, because the investigator was not “seen by” the employee as...more

One small step for the adversarial system, one giant leap for litigants in person

The President of the Employment Tribunals (England and Wales) has issued Presidential Guidance on the protocol for “judicial assessment” in the Employment Tribunal. The guidance came into force on 3 October 2016. Employment...more

Employment Matters – UK - September 2016

Employees Working Abroad: Factors Supporting a Connection With Great Britain Giving Entitlement To Bring an Employment Tribunal Claim - As you will be aware, even if an employee does not work for a UK employer or is not...more

A Month in UK Employment Law - August 2016

News & Legislation Update - The UK votes to leave the EU - We could not write a roundup of news stories from the UK without referencing the UK's vote to leave the EU. The so-called "Brexit" has created...more

House of Commons Justice Committee review of Tribunal fees

It has now been three years since the introduction of Employment Tribunal fees (ET Fees). There is an ongoing challenge to ET Fees by the union Unison, which is taking its judicial review case to the Supreme Court. The...more

ASDA equal pay claims

On Monday 20 June 2016, a seven-day hearing began in the largest private sector equal pay claim ever brought. It is estimated that the claim, if successful, could cost ASDA over 100 million pounds. It could also have...more

Protecting Whistleblowers in the UK – Is the Law Sufficient?

With instances of whistleblowing hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new report published by the...more

Meaning of "Philosophical Belief" Under U.K. Discrimination Law

In Harron v Dorset Police UKEAT/0234/15/DA, the Employment Appeal Tribunal (EAT) considered the scope of "philosophical belief" for the purposes of U.K. discrimination law. Mr Harron worked for the Dorset police force....more

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

Former City Link workers awarded 90 days' pay

Many will recall that former City Link workers were successful in proving that City Link failed in its statutory duty to consult with them about impending redundancies. The Employment Tribunal (ET) has now ordered that those...more

No Expectation of Privacy in Relation to Workplace Emails and Evidence Seized by the Police in the UK

In the recent case of Garamukanwa v Solent NHS Trust the UK Employment Appeal Tribunal ("EAT") held that the Claimant, Mr Garamukanwa, had no reasonable expectation of privacy in respect of emails sent to a work colleague...more

UK Holiday Pay Should Now Include Voluntary Overtime

Workers who regularly undertake voluntary overtime beyond their contracted hours may be eligible for more holiday pay. A recent ruling means that businesses should be reviewing their current holiday pay practices and...more

Are retirement ages in PHI schemes age discriminatory?

Mistakes by employers in relation to an employee's entitlement to PHI can be very costly. In one leading High Court case, Aspden v. Webbs Poultry & Meat Group (Holdings) Limited [1996] I.R.L.R. 521, an employee was awarded...more

New Tribunal Compensation Limits 2016

The annual increases in compensation will take effect on 6 April 2016. The most notable changes are as follows: - The limit on a week’s pay for the purposes of calculating statutory redundancy payments and the basic...more

Increase in UK Employment Compensation Limits

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2016, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Comparators in Age Discrimination

Donkor v Royal Bank of Scotland UKEAT/0162/15 considered the appropriate comparator in direct age discrimination cases. Mr Donkor’s employer, the Royal Bank of Scotland (RBS), underwent a restructuring in 2012. As part...more

Dismissal for Sharing Confidential Information Was Unfair

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more

Patently Unreasonable: BC Supreme Court Rejects Human Rights Tribunal’s Landmark Injury to Dignity Award Which Emphasized...

In 2013 the British Columbia Human Rights Tribunal found that the University of British Columbia had discriminated against Dr. Carl Kelly when it dismissed him from its Family Medicine Residency Program. Dr. Kelly was awarded...more

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

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