Category Archives: Tribunal procedure

Case update (2):  Discrimination – Interim relief

discrimination definition
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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Case update (2):  Unfair dismissal – Remedy of Re-Engagement

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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Case update (3): Unfair dismissal – Poor Financial Prospect – No Bar to Claim

dismissed
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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Government reforms (2):  April changes – are you ready?

spring cleaning
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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Case Update (3): Immigration – Illegal Working and Tribunal Claims

right to work
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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Government Reforms (2): Increase in Discrimination Awards

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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Government Reforms (1): April changes – Are you ready?

spring cleaning
It’s nearly April and, as usual, this month sees a spring clean for employment law.  Although we’ve covered the majority of these changes in previous newsletters and alerts, we thought it was worth a quick reminder: 1 April 2019 Increase in National Living and Minimum Wage The new rates are as follows: Age 25 and…
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Government reforms (2): Tribunal fees to be reintroduced?

tribunal fees
The Ministry of Justice’s representative (when answering questions in the House of Commons), has confirmed that the Government is working on reintroducing fees for individuals seeking to pursue claims in the Tribunal. The Supreme Court decision in the UNISON case last year (see our update here) found the previous fee system to be unlawful. However,…
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Government reforms (2): Increase in tribunal awards

discrimination
What do we already know? 1. 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…
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Government reforms (3): Tribunal claims

What do we already know? We updated you in our July 2017 Newsflash Tribunal fees unlawful – enormous impact that the Supreme Court ruled that Tribunal fees are unlawful and abolished them, back-dated to their inception in July 2013. We also warned that Tribunals could be about to be deluged by new and backdated claims, which would…
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