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.
Is it direct or indirect religious discrimination to discipline an employee who condemns homosexuality and speaks of repentance during a work church service? The Employment Appeal Tribunal (EAT) considered this question in the case of Trayhorn v Secretary of State for Justice. Disciplinary hearing The claimant was employed as a gardener and horticulturalist at HM … Continued
The treatment of part-time employees in comparison to full-time employees was recently considered by the Employment Appeals Tribunal in the case of MOJ v Burton and Engel. This case dealt with pay for decision writing but would be relevant for any organisation employing workers part-time and in particular those with atypical pay arrangements. Part-Time Workers … 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 new football season is with us and already Paolo Di Canio has become the first Premier League manager to lose his job. With managers coming and going seemingly at the whims of oligarchs and other wealthy individuals, it can be difficult to see how the world of football management is compatible with UK employment … Continued
Racing pundit and Celebrity Big Brother contestant John McCririck, who is 73, is currently bringing an age discrimination claim against Channel 4 and production company IMG. McCririck is claiming £3 million in compensation. This article looks at the facts in the case and the issues the Employment Tribunal will consider when deciding if a claimant … Continued
When selecting employees for redundancy, the criteria used must be as objective as possible to avoid discrimination. That being said, many employers are faced with a situation in which they need to reduce costs and one way to do this is to reduce the workforce. The logical conclusion in many employers’ minds, therefore, is that … Continued
The deadline for responses to the government consultation on Employment Tribunals is 6 March 2012. Lyons Davidson’s Employment Department have participated in the consultation and the response has been submitted. The government has decided to introduce fees for parties who wish to bring claims in the Employment Tribunal. This is ostensibly an attempt to reduce … 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
Although compensation remains the most popular form of remedy in discrimination claims, Employment Tribunals also have the power to make recommendations to employers about the steps they should take to reduce any adverse effect of discrimination on either the claimant, or any other party. Recommendations are especially useful where the employee still works for the … Continued
In the current economic downturn, employers are keen to find ways to save money and try to stay afloat. Instead of redundancies being the first port of call, many employers have sought to reduce the salaries and benefits of current employees. At least that way, the employees still remain in work. However, difficulties may arise … Continued
It should be axiomatic that employment policies relating to alcohol and drugs must be drafted clearly and brought to the attention of all employees. In cases where employers have deviated from good practice by, for example, drinking on company time, an employment tribunal may refuse to uphold policies that contain ambiguous wording and are lacking … Continued