Many employees and employers can feel lost when disputes arise between them. ‘How do I get things sorted?’ they ask. ’What are my rights?’ And ‘Is there anyone who can help me?’ Often parties feel that there is no option but to litigate and escalate the matter resulting in acrimony between the two.
The Equality and Human Rights Commission (EHRC) has produced Turning the tables: ending sexual harassment at work, a report aiming to expose the reality of workplace sexual harassment. The legal definition of ‘sexual harassment’ is unwanted conduct of a sexual nature that is meant to, or has the effect of, violating someone’s dignity or creating … Continued
Why is this case being allowed to continue and can’t we do anything to stop it? This question is often asked by employers faced with Employment Tribunal claims brought by employees, which seem to lack any merit. Employees also are sometimes left scratching their heads as to why an employer doesn’t settle a cast-iron case. New … Continued
Since May 2014, claimants have been required to complete the Acas early conciliation procedure before issuing an Employment Tribunal claim. The legislation dealing with early conciliation requires the prospective claimant to give their name and address, and the name and address of any prospective respondent to Acas. The rules could, in principle, be interpreted to … Continued
Peter Orton reports on the dramatic fall in claims following introduction of employment tribunal fees in July 2013. The introduction of employment tribunal fees has well and truly put the cat amongst the pigeons in the employment sector – creating a political storm to boot – as the various parties debate whether claimants have been priced out of the tribunal system.
The decision in Thomas v Nationwide Building Society  provides an interesting insight into how the Employment Tribunal is applying the early conciliation requirement in practice, particularly focusing on the interplay between rules 12 and 13 of the Employment Tribunal Rules of Procedure. Acas Early Conciliation Procedure Since 6 May 2014, early conciliation via ACAS … Continued
Acas will be launching its new early conciliation regime on 6 April 2014. This article looks at what the new service will involve and considers the effect it is likely to have on Employment Tribunal claims. Currently, Acas initiates conciliation between parties once a claimant has submitted a tribunal claim. However, as a part of … Continued
Compensation for a successful Employment Tribunal claim follows a simple guideline: what is just and equitable in the circumstances? In this article, we consider how the Employment Tribunal deals with the question of compensation for loss of Death in Service benefit. In general terms, the legal system aims to put the claimant back in the … Continued
From the summer of 2013, a number of major changes are set to be implemented in employment law, as announced by the Department for Business Innovation and Skills. This article summarises the key developments of the forthcoming employment law reforms. Employment law changes due summer 2013 The following employment law reforms that will effect the … Continued
The government recently announced plans to make early conciliation through the Advisory, Conciliation and Arbitration Service (Acas) compulsory in Employment Tribunal claims. But what may not be as widely known is that this service is already available on a voluntary basis. It is hoped that conciliating with Acas can help employees and employers to resolve matters … Continued