Employment Tribunal Fees to be Abolished

The Supreme Court has today published its landmark decision in the long-running legal battle between the Government and UNISON regarding the legality of Employment Tribunal fees.

The Court has ruled that the current system effectively prevents access to justice, and is unlawful. The Ministry of Justice has said that it will take immediate steps to stop charging.

Fees for bringing a claim in the Employment Tribunal and Employment Appeal Tribunal were introduced in 2013, with claimants having to [...]

By |July 26th, 2017|Uncategorized|

Full pay awarded during paternity leave

Since the introduction of Shared Parental Leave arrangements, many organisations providing enhanced maternity pay have considered whether similar increased benefits should be provided where fathers/partners access paternity and shared parental leave.

In the case of Ali vs Capita Customer Management, Ali succeeded in his claim for full pay during shared parental leave on the basis that the Company provided (under protected terms from his previous employer) 14 weeks full pay as an enhanced maternity package.

Ali [...]

What’s in store for 2017?

We take a quick look at some of the key changes happening throughout 2017 and a look to what the future has in store…

National Minimum Wage increases

The cycles for the increase in National Living Wage and National Minimum Wage have now been aligned.

The next round of increases for all rates will come on 1st April 2017 as follows:

Over 25’s                           £7.50phr
21 to 24 year olds             £7.05phr
18 to 20 year olds             £5.60phr
16 to 17 year [...]

By |January 19th, 2017|Uncategorized|

Are you status conscious?

Self-employed, worker, employee, the status of individual’s and their respective rights, has often been a cause for confusion and debate, whether considering the appropriate procedures to follow or if companies are liable for income tax and national insurance contributions.

The recent case considered within the London Employment Tribunal put forward by two Uber drivers, argued that due to the levels of control maintained by Uber, drivers are not self-employed but ‘workers’.

The drivers have won this round, [...]

By |October 28th, 2016|Uncategorized|

Warnings all round…

A journalist working for the BBC’s Sri Lankan service has recently been awarded £50,000 following his dismissal.

Mr Bandara had been employed at the BBC for 18 years and in August 2014 was dismissed due to making a number of derogatory comments to some fellow workers and shouting at others.

The dismissal came after he had received a final written warning in July 2013 as a result of his failure to report the birth of Prince [...]

By |October 21st, 2016|Uncategorized|

Shared Parental Leave back in the spot light…

When the Shared Parental Leave provisions were announced, there was much discussion in relation to whether any enhanced maternity pay provisions would cross over to fathers/partners who intended to share the parental leave. In a recent landmark case, Snell, an employee of Network Rail, has been awarded nearly £30,000 on the grounds of sex discrimination.

In this case, the husband and wife team were both employed by Network Rail and so as the mother commenced [...]

By |October 6th, 2016|Uncategorized|

National Minimum Wage on the up…

Following a week where we’ve heard Jeremy Corben pledging to increase the national living wage to £10 per hour by 2020, employers are tightening their belts ready for the annual national minimum wage (NMW) increases.

This year sees an average of 3.6% increase across the NMW rates for employees under the age of 25.

The National Living Wage introduced in April 2016 remains the same at this stage and is set to increase in April 2017, at [...]

By |September 30th, 2016|Uncategorized|

Uber under attack by the GMB

The GMB Union are flying the flag for Uber drivers today, as they bring a case against the cab hire service in the London Tribunal, arguing that drivers can be considered ‘workers’ rather than ‘self-employed’ as Uber maintains.

If the case succeeds Uber Drivers can look forward to receiving employment rights such as:

Ensuring that pay meets current national minimum wage levels
Protection against unlawful deductions from wages
Conditions in line with the Working Time Regulations [...]

By |July 20th, 2016|Uncategorized|

Carneiro will have her day in court

Our previous blog highlighted the case of Carneiro v Chelsea following her speedy attempts to provide aid to a Chelsea player during a key point in the match with Swansea at Stamford Bridge in August 2015 and Jose Mourinho’s explosive response.

Many speculated that this was unlikely to see the inside of the tribunal court room and would settle for a tidy sum. Lawyers have now revealed that that tidy sum amounted to £1.2 million. However, [...]

Unlawful religious discrimination or reasonable actions of an employer?

In a recent Employment Appeal Tribunal (EAT) it was found that an employer had acted reasonably when taking a manager to task in relation to her conduct.

The manager in question, Ms Wasteney, is a Christian who had taken it upon herself to engage a junior colleague, of Muslim faith, in discussions regarding Christianity. The actions had gone so far as to include praying with the junior colleague, laying on of hands, giving the junior [...]

By |April 11th, 2016|Uncategorized|