Category Archives: Employment Tribunal Advice

Is it enough for an employee to hold a reasonable belief that a disclosure is in the public interest (even if it may not be) in order to have protection under whistleblowing legislation?

Whistleblowing Disclosures Yes, according to the Employment Appeal Tribunal in the recent case of Okwu v Rise Community Action. The Law Under the Employment Rights Act 1996 (“the ERA”), an employee is unfairly dismissed if the reason or principal reason for the dismissal is that they made a protected disclosure (s103A of the ERA). Dismissal […]

Can covert recordings be used as evidence?

Evidence in the Employment Tribunal With the prevalence of mobile phones and the audio capabilities that they have, as an employer you may wonder whether a covert recording of a meeting, made by an employee, could potentially be used against you as evidence in an Employment Tribunal. The answer is not always simple, however past […]

Anonymity Orders and Tribunal Judgements

A recent appeal case has highlighted the fact that an employment claim, which reaches a Tribunal, is almost always going to be made public when the judgement is published on the Public Register available online. Tribunal hearings are held in public with the public and press welcome to attend. The final judgement and their written […]

Employment Appeals and Time Limits

Will you get an extension of time if your Notice of Appeal goes missing in the post? Not if you wait 5 weeks to chase acknowledgement of receipt, held the Court of Appeal in the case of Mr A Haydar v Pennine Acute NHS Trust. The Law Under Rule 3(3) of the Employment Appeal Tribunal […]

Can an employees claim be struck out by the Employment Tribunal for speaking to the media?

Rules of procedure and evidence in the Employment Tribunal In a recent case decided by the Employment Appeal Tribunal they considered the rules of evidence and an employee’s conduct whilst under oath in the Employment Tribunal. The Law When giving evidence in the Employment Tribunal a witness is required to swear an oath on the […]

Supreme Court decision on employment tribunal fees

Employment Tribunal Fees are no longer lawful!   You will have undoubtedly heard in the news about the decision of the Supreme Court that Employment Tribunal fees are unlawful, and as a result they will be removed immediately, meaning that employees who wish to make a claim in the Employment Tribunal will no longer have […]

ACAS Early Conciliation: Another case about the correct employer name!

Different name on ET1 & Early Conciliation certificate was a minor error  Completely confounding the law of averages, here we have another case in the Employment Appeal Tribunal (EAT) on the question of whether an ET1 (the Tribunal claim form) will be rejected if the name of the employer (known as the respondent) differs to […]

What happens if the employer named on a claim form differs to that on the Early Conciliation certificate?

ACAS Early Conciliation and the impact on an employees claim If the respondent employer named by the employee on the claim form (ET1) is considered substantially different to the name given on the ACAS early conciliation certificate (EC certificate), the ET1 will be rejected. This is what happened in the recent case of Giny v […]

Time Limits in the Appeal Tribunal

A reminder of the strict time limits in the Employment Appeal Tribunal The time limits in the Employment Tribunal and Appeal Tribunal are short compared to many other legal claims, and as such both employers and employees have run into difficulty with time limits whether that be for submission of a claim or defence or submission […]

Employment Tribunal Judgements Online

Employment Tribunal Judgements are now available to view online: a good or bad thing for employers? Last week saw the launch of an online register of Employment Tribunal decisions which is accessible for all. You can access here. Employment Tribunal proceedings are open to the public and you have been able to find out what […]

Reporting of Cases in the Employment Tribunal

  Newspaper can report on employment claim against Sir Elton John In most cases in the Employment Tribunal members of the public are allowed to attend to watch and they are also open to the press. In a case brought against Sir Elton John by a former employee who was claiming unfair dismissal and sex […]

Protected Conversations & the Without Prejudice rule

When can negotiations with an employee be used as evidence? Employers now have two ways in which they can have frank discussions with employees to try to settle disputes, either before they arise or after they have arisen. In this recent case the admissibility of evidence from settlement negotiations was discussed, and provides some useful reassurance for employers. […]

Time Limits in the Employment Tribunal

Rejection of a claim for non-payment of fees In a recent case decided by the Employment Appeal Tribunal the strict time limits in the Employment Tribunal were once again under review, this time in respect of a failure by an employee to pay the required fee on time. The Law Section 111 of the Employment Rights […]

Age Discrimination: Burden of Proof

The thought process of the alleged discriminator A recent case in the Court of Appeal has dealt with the question of age discrimination and the correct approach to determining if the decision to terminate a consultancy agreement was on the grounds of the consultant’s age. The Law The Equality Act 2010 provides protection for employees, […]

Unfair Dismissal: Previous Warnings

When can previous warnings be used to justify a fair dismissal   In a recent case decided by the Court of Appeal the issue of previous warnings and in what circumstances they can be taken into account when dismissing employees, has been decided. The Law In order to dismiss an employee fairly you must have […]

Employee liability for Employer’s Tribunal costs

A recent decision regarding when an employee must pay the employer’s costs In a recent case in the Employment Appeal Tribunal the decision to order that the employee pay a portion of the Employer’s costs (£10,000) has been upheld. The Law The situation with costs has always been different in the Employment Tribunal than in […]

Discrimination Compensation

Discrimination Compensation In another Employment Appeal Tribunal case involving discrimination the amount of compensation awarded to a successful employee was discussed. The Facts Ms Ozog was employed by the Cadogan Hotel Partners Ltd (the ‘Employer’) as a waitress for approximately 7 months at one of their hotels in London. When a new head waiter started […]

Employment Tribunal Fees

The outcome of Unison’s Judicial Review of Employment Tribunal Fees announced.  In July 2013 the government introduced fees in the Employment Tribunal for the first time. This means that anyone who wants to pursue a claim in the Employment Tribunal must pay a fee of either £160 or £250, depending on the type of claim, […]

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