1 April 2022 Increase in National Living and Minimum Wage The new rates are as follows: Age 23 plus: National Living Wage increase from £8.91 to £9.50 per hour; Age 21 to 23 (inclusive): increase from £8.36 to £9.18 per hour; Age 18 to 20 (inclusive): increase from £6.56 to £6.83 per hour; Age 16…
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Summary:  Can a tribunal extend time in a discrimination claim where the employees have waited to issue proceedings while pursuing grievances? Yes, held the EAT in Wells Cathedral v Souter (available here) but not always. Background: A discrimination claim must normally be submitted to a tribunal before the end of ‘the period of three months…
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Increase in National Living and Minimum Wage – 1 April 2021 As we updated you in our December 2020 Newsletter Government reforms (3): Increase in national living and minimum wage, the National Living Wage, which currently only applies to workers aged 25 or over, increased by 2.2% and was extended to 23 and 24-year-olds for…
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What do we already know? We updated you in our October 2020 Newsletter Case update (2): Unfair dismissal – remedy of Re-Engagement that the EAT found in Kelly v PGA European Tour that a Tribunal should not order re-engagement where the employer holds the rational belief that trust and confidence has broken down. The employee…
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Summary:  Do Tribunals have the power to grant interim relief for discrimination claims? No, but the current absence of interim relief is probably unlawful, held the EAT in Steer v Stormshore Ltd available here. Background:  Interim relief is where an order is made by the Tribunal for the continuation of the claimant’s employment (including wages)…
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Summary: Can a Tribunal order re-engagement where the employer believes that trust and confidence has broken down? No, not if the belief is rationally held, says the EAT in Kelly v PGA European Tour, available here. Facts:   The employee, Mr Kelly, was employed by the Professional Golfers Association (PGA), the employer, in 1989 as Marketing…
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Summary:  Can an unfair dismissal claim proceed even if there is no real possibility the employee will be awarded financial compensation? Yes, says the EAT in Evans v London Borough of Brent (available here). Facts:  Dr Evans, the employee, was Deputy Head Teacher of the Copland Community School, the employer.  Allegations were made that members…
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There is perhaps something comforting in the fact that it is business-as-usual for employment law in terms of a number of changes coming into force in April, as is the case every year. 1 April 2020 Increase in National Living and Minimum Wage The new rates are as follows: Age 25 plus: National Living Wage increase…
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Summary: Can an employer rely on a breach of the immigration rules to argue that an employment contract is unenforceable in claims by employees? No held the Court of Appeal in Okedina v Chikale available here. Facts: Miss Chikale was a Malawi national who was initially employed by Mrs Okedina in Malawi in 2010. Miss…
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What do we already know? We updated you in our September 2017 Newsletter Government reforms (2): Increase in discrimination awards on the Guidance published by the Presidents of the Employment Tribunals on the amount of compensation which can be awarded in discrimination claims. This Guidance confirmed there are three levels of bands for compensation for…
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