Archive for the 'employment tribunals' Category

Volunteer could not claim disability discrimination because he had no employment contract, judge rules

“A paid army volunteer could not claim he had been discriminated against due to disability when work for the army stopped because he did not have an employment contract, an employment appeal tribunal judge has ruled.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

Male solicitor suffered sex discrimination – The Guardian

“Employers must act ‘proportionately’ when they provide women who are pregnant or on maternity leave with special treatment at work, an employment appeals tribunal has ruled.”

Full story

The Guardian, 6th April 2011

Source: www.guardian.co.uk

Brent London Borough Council v Fuller – WLR Daily

Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D)

“It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the proceedings in the employment tribunal. As appellate tribunals and courts were confined to questions of law they ought not, in the absence of an error of law (including perversity), take over the employment tribunal’s role as an ‘industrial jury’ with a fund of relevant and diverse specialist expertise.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British Airways plc v Mak and others – WLR Daily

British Airways plc v Mak and others [2011] EWCA Civ 184; [2011] WLR (D) 63

“The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London among other destinations, since they did work partly in Great Britain and their employment was therefore to be regarded as being at an establishment in Great Britain.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The debate about employment tribunals and the rise in claims – Law Society’s Gazette

“Reforms to employment law and the employment tribunal system did not feature in the 2010 Conservative election manifesto. But there was a clear commitment to reducing regulation of small businesses. In recent weeks, it has become clear this commitment has translated into controversial plans for substantial reform to tribunal procedures.”

Full story

Law Society’s Gazette, 3rd February 2011

Source: www.lawgazette.co.uk

Essex dinner lady Carol Hill loses compensation bid – BBC News

“An Essex dinner lady, who was sacked after telling parents their daughter had been bullied, has lost her claim for compensation.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Reforms set out for employment tribunals – The Independent

“The Government today put forward plans to increase the qualifying period for unfair dismissal claims from one to two years and suggested fees for taking employment tribunal cases under plans to reform the system.”

Full story

The Independent, 27th January 2011

Source: www.independent.co.uk

‘Bully claim’ Essex dinner lady was unfairly sacked – BBC News

“An Essex dinner lady sacked after telling a couple their child had been bullied was dismissed unfairly, a tribunal has ruled.”

Full story

BBC News, 6th January 2011

Source: www.bbc.co.uk

Devonshires wins employment case against former secretary – The Lawyer

“City firm Devonshires has successfully fought off a victimisation claim brought by a former secretary in the Employment Appeals Tribunal (EAT).”

Full story

The Lawyer, 9th December 2010

Source: www.thelawyer.com

Tribunal awards maid £7,500 in ‘real-life Downton Abbey’ case – The Independent

“A modern day Downton-esque tale of conniving colleagues came to a head yesterday, when a princess was ordered by an industrial tribunal to pay £7,500 compensation to a former maid who fell victim to a ‘below stairs’ plot by jealous colleagues.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Sacked lap dancer loses case – The Independent

“A lap dancer who attempted to bring an unfair dismissal case against Stringfellows has lost her case, a lawyer for the club said today.”

Full story

The Independent, 10th November 2010

Source: www.independent.co.uk

Maid loses compensation claim over ‘malicious lies’ – The Independent

“A maid who accused her wealthy employers of treating her like a slave lost her compensation claim after being found to have told ‘malicious lies.’ ”

Full story

The Independent, 5th November 2010

Source: www.independent.co.uk

Cowell discrimination case will not go to tribunal – BBC News

“A Britain’s Got Talent hopeful who claimed she was discriminated against at her audition, has failed to get her case taken to an employment tribunal.”

Full story

BBC News, 2nd September 2010

Source: www.bbc.co.uk

Sacked beefeater paid compensation by Tower of London – The Guardian

“Historic Royal Palaces apologises to Mark Sanders-Crook who was dismissed for alleged bullying of first female beefeater.”

Full story

The Guardian, 2nd September 2010

Source: www.guardian.co.uk

Six white officers to sue Met for discrimination – The Guardian

“Six white officers from the Metropolitan police’s controversial territorial support group (TSG) are to sue the force for racial discrimination, it emerged today.”

Full story

The Guardian, 24th August 2010

Source: www.guardian.co.uk

Dentist’s right to substitute others for himself undermines ‘worker’ claim, rules EAT – OUT-LAW.com

“A dentist did not qualify as an employee or even as a ‘worker’ under employment law because he could have supplied locums to do his work and still fulfil his contract, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 16th August 2010

Source: www.out-law.com

Christian Wandsworth Council worker loses sacking claim – BBC News

“A housing official sacked after suggesting a woman with an incurable illness ‘put her faith in God’ has lost his legal challenge.”

Full story

BBC News, 11th August 2010

Source: www.bbc.co.uk

CPS damages claim saga rumbles on – Law Society’s Gazette

“A judge has with a ‘heavy heart’ allowed the Crown Prosecution Service to continue defending an employment tribunal claim that has already been in court four times and cost the taxpayer more than £1m, including a record £600,000 in damages for racial discrimination.”

Full story

Law Society’s Gazette, 15th July 2010

Source: www.lawgazette.co.uk

Test of endurance for CPS employee in race case – The Guardian

“Halima Aziz is approaching her tenth stressful year of litigation against her former employer, the Crown Prosecution Service. As an ex-CPS prosecutor in Yorkshire, her case for racial discrimination has so far been through four major court hearings, cost the state more than £1m, including a record £600,000 damages, and looks like becoming the longest-running discrimination case in history.”

Full story

The Guardian, 6th July 2010

Source: www.guardian.co.uk

Workers may find discrimination claims for depression easier after EAT ruling – OUT-LAW.com

“Workers who claim disability discrimination on account of depression should have their cases assessed by the effect of their condition rather than on the basis of strict medical diagnosis, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 21st June 2010

Source: www.out-law.com

EAT upholds victimisation claim – Law Society’s Gazette

“A firm that ‘gratuitously’ mentioned a solicitor’s previous discrimination claim against it when providing an employment reference to another firm has lost an appeal in the Employment Appeal Tribunal.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

Lawyer wins tribunal appeal over withdrawal of job offer – Law Society’s Gazette

“A woman lawyer has won her appeal against an employment tribunal ruling that disability discrimination did not lie behind a major law firm’s decision to withdraw a job offer.”

Full story

Law Society’s Gazette, 17th June 2010

Source: www.lawgazette.co.uk

An unhappy anniversary for the Equal Pay Act – The Guardian

“Forty years on, the gender pay gap remains a yawning chasm. And with access to justice through employment tribunals loaded against the ordinary person, that is unlikely to change.”

Full story

The Guardian, 7th June 2010

Source: www.guardian.co.uk

Nanny loses discrimination case against Heather Mills – BBC News

“Heather Mills’ ex-nanny has lost her unfair dismissal and sex discrimination case against her former boss.”

Full story

BBC News, 4th June 2010

Source: www.bbc.co.uk

Sex discrimination victory for man – The Independent

“A male lawyer was wrongfully sacked because bosses were worried they would be sued if they fired his female counterpart while she was on maternity leave, it emerged yesterday.”

Full story

The Independent, 19th May 2010

Source: www.independent.co.uk

Eversheds to fight employment tribunal bias ruling – Law Society’s Gazette

“National firm Eversheds last week lodged an appeal against an Employment Tribunal ruling that it must pay £123,300 in compensation to a male associate who suffered sexual discrimination during the firm’s 2009 redundancy programme.”

Full story

Law Society’s Gazette, 13th May 2010

Source: www.lawgazette.co.uk

Employment Appeal Tribunal issues TUPE judgment on contract wins – Law Society’s Gazette

“The first case to reach the Employment Appeal Tribunal concerning a dispute between two law firms over the employment law implications of winning a client contract from another firm has provided ‘much-needed clarification’ on the issue, experts have said.”

Full story

Law Society’s Gazette, 29th April 2010

Source: www.lawgazette.co.uk

Female Birmingham council workers win ‘£600m pay claim’ – BBC News

“Hundreds of female council employees who took their claims for equal pay to an employment tribunal have won their case.”

Full story

BBC News, 27th April 2010

Source: www.bbc.co.uk

City lawyer ‘sacked for writing online erotic novel’ sues for £3.5m – Daily Telegraph

“A senior lawyer, Deidre Clark, sacked from a leading city firm after she wrote a sexually explicit online novel is suing her former employers for £3.5 million.”

Full story

Daily Telegraph, 26th April 2010

Source: www.telegraph.co.uk

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Judicial mediation in Employment Tribunal cases falls short – Law Society’s Gazette

“Mediation provided by judges in Employment Tribunal cases has failed to achieve the anticipated time and cost savings over unmediated cases, the results of a pilot scheme have revealed.”

Full story

Law Society’s Gazette, 22nd April 2010

Source: www.lawgazette.co.uk

Race-claim barrister in dismissal appeal – The Lawyer

“The barrister who lost an Employment Tribunal racial discrimination case against three members of her former set and its senior clerk has launched an appeal.”

Full story

The Lawyer, 19th April 2010

Source: www.thelawyer.co.uk

Female solider awarded £17,000 by employment tribunal – The Guardian

“A single-mother soldier who won a claim of race and sex discrimination against the Ministry of Defence was awarded £17,016 by an employment tribunal today.”

Full story

The Guardian, 16th April 2010

Source: www.guardian.co.uk

City workers shouldn’t take offence at sexist comments, tribunal rules – Daily Telegraph

“Female bankers should not take offence when confronted with sexist remarks in the workplace, a tribunal has ruled.”

Full story

Daily Telegraph, 15th April 2010

Source: www.telegraph.co.uk

Female soldier wins discrimination claim against army – The Guardian

“A soldier disciplined by the army after missing a parade to look after her daughter is set to receive damages after winning an employment tribunal claim, it was reported today.”

Full story

The Guardian, 13th April 2010

Source: www.guardian.co.uk

Removing crucifix would violate her Christian faith, nurse tells tribunal – The Guardian

“A devout Christian who is fighting a hospital trust over her right to wear a crucifix at work said today that removing or hiding it would violate her beliefs.”

Full story

The Guardian, 29th March 2010

Source: www.guardian.co.uk

New Employment Tribunal Fast Track scheme – Ministry of Justice

“Workers awarded payouts from their former employers at Employment Tribunals will be given extra help to ensure they receive their payments. Justice Minister Bridget Prentice today confirmed the creation of a new Employment Tribunal Fast Track scheme, which will simplify the process for successful tribunal applicants.”

Full press release

Ministry of Justice, 25th March 2010

Source: www.justice.gov.uk

Secret tribunal appeal for cousin of trans-Atlantic airlines bomber – Daily Telegraph

“The Home Office is attempting to hold an employment tribunal involving the cousin of a convicted terrorist in secret it has emerged.”

Full story

Daily Telegraph, 23rd March 2010

Source: www.telegraph.co.uk

Tenfold rise in whistleblower cases taken to tribunal – The Guardian

“The number of employees claiming to have been sacked, mistreated or bullied for exposing corrupt practices at work has increased tenfold over the last decade, according to official figures.”

Full story

The Guardian, 22nd March 2010

Source: www.guardian.co.uk

Focus: 4 New square, Bar Wars – The Lawyer

“Despite 4 New Square defeating accusations of racist behaviour in the Employment Tribunal, the case has not done the image of the set – or indeed the bar as a whole – any favours.”

Full story

The Lawyer, 15th March 2010

Source: www.thelawyer.com

Sailor suffered sex discrimination at Hampshire base – BBC News

“A female sailor awarded the MBE could receive a six-figure payout after winning a sex discrimination case against the Royal Navy.”

Full story

BBC News, 3rd February 2010

Source: www.bbc.co.uk

Damages win for consultant who criticised cost-cutting – The Independent

“A senior consultant at a London hospital who was suspended after repeatedly raising concerns about the health and safety of patients has a won a landmark claim.”

Full story

The Independent, 3rd February 2010

Source: www.independent.co.uk

Europe’s top court says age bars for job applicants can be legal – OUT-LAW.com

“Europe’s top court has said that some employers can stop people as young as 30 from applying for some jobs because they are too old. UK Employment Tribunals will have to take account of the ruling in age discrimination cases, an expert said.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Veakins v Kier Islington Ltd – WLR Daily

Veakins v Kier Islington Ltd [2009] EWCA Civ 1288; [2009] WLR (D) 353

“In many cases the remedy for high-handed or discriminatory misconduct by or on behalf of an employer would be more fittingly in the employment tribunal rather than by recourse to a claim for damages for the statutory tort of harassment.”

WLR Daily, 4th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Black detective claims racial discrimination against Met – Daily Telegraph

“A black detective who was racially abused by two of the former Stephen Lawrence murder suspects is claiming that Metropolitan Police discriminated against him at work.”

Full story

Daily Telegraph, 23rd October 2009

Source: www.telegraph.co.uk

Race complaints by Sikh police officer upheld by tribunal – The Independent

“A Sikh police officer suffered racist and religious discrimination during training, an employment tribunal found.”

Full story

The Independent, 27th July 2009

Source: www.independent.co.uk

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Rank Nemo (DMS) Ltd and Others v Coutinho – Times Law Reports

Rank Nemo (DMS) Ltd and Others v Coutinho

Court of Appeal

“An employment tribunal had no jurisdiction to enforce a discrimination compensation award it made to an employee; however, if the employee had entered a county court judgment on the award and the employer still failed to pay the money, then the employment tribunal could link the failure to post-employment discrimination and victimisation in order to assume jurisdiction to enforce the judgment.”

The Times, 8th June 2009

Source: www.timesonline.co.uk

Rank Nemo (DMS) Ltd and others v Coutinho – WLR Daily

Rank Nemo (DMS) Ltd and others v Coutinho [2009] EWCA Civ 454; [2009] WLR (D) 163

“The failure of an employer to pay compensation awarded to an employee for race discrimination, even after such compensation award had been converted into a county court judgment, could amount to victimisation of the employee after termination of his employment, for the purposes of a claim under s 4(2) of the Race Relations Act 1976.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Francois v Hutchison 3G UK Ltd – WLR Daily

Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154

“On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant’s grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in all the circumstances, the interests of justice required a review.”

WLR Daily, 15th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Tribunal awards: defaulters’ names to be put on public debt register – Ministry of Justice

“People who fail to pay awards made by employment tribunals will be publicly named and shamed from today, as the government clamps down hard on employers who disregard tribunal rulings.”

Full story

Ministry of Justice, 1st April 2009

Source: www.justice.gov.uk

Companies told to review rules to avoid ‘indirect’ religious discrimination – Daily Telegraph

“Companies have been urged to review their workplace rules to ensure they are not discriminating against religious employees, after a sharp rise in the number of faith-related employment tribunals.”

Full story

Daily Telegraph, 16th February 2009

Source: www.telegraph.co.uk


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