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The Case of Wright v North Ayrshire Council is a welcome reminder that although constructive dismissal cases are hard to prove; you will often hear this when enquiring about employment law advice; they are not insurmountable. As long as there has been a breach by your employer there is potentially a case to be taken … Read more
Following the recent publication of research by the Department for Business Innovation & Skills (“BIS”) Â which stated that only 64% of successful Claimants recovered compensation following an Employment Tribunal decision[1] the Government has accepted that this has got to change. One problem that we occasionally encounter is when the Employer ceases to trade their limited … Read more
Under the Working Time Regulations 1998 you are entitled to 5.6 weeks holiday a year (including bank holidays) however if an employment lawyer has been used for drafting the contract it is fairly standard that you are not allowed holiday to be carried over from one year to the next. If your employer is rather … Read more
Employment lawyers across the UK will have to consider what the effect of incentivised whistle blowing could have on their workload. As there are murmurings that the Government is potentially looking to introduce some financial reward for successful whistle blowing. At present there is no financial reward for an employee to report any complaint to … Read more
Employment solicitors who act for respondents are probably all breathing a sigh of relief following a decision by the Employment Appeal Tribunal. The case in question (Osoba v Chief Constable of Herts) related to a claim for unfair dismissal and age discrimination following a redundancy proceedings. The issue in this case revolved around the scoring … Read more
What are the Grounds for unfair dismissal claims? The grounds for unfair dismissal claims are such that if you have been dismissed without any good reason by your employer and you have been employed for at least 2 years (this is following the 6 April 2012, if you were employed prior to that date you … Read more
In 2010, Tom Street & Co were instructed to represent a client in a claim for unfair dismissal and indirect sex discrimination. The case came about prior to the introduction of the Equality Act 2010 (which came into force in October 2010) and was therefore advanced under the Sex Discrimination Act 1975 but, notwithstanding this, … Read more
In 2011 we acted on behalf of a client, an interesting claim against Whitbred Plc. Our client was advancing two distinct claims and was successful, at the Employment Tribunal, with one of them, namely his claim for unlawful deduction from wages. This case serves as an important reminder to hotel workers and certain staff who … Read more
We were consulted by an individual who felt that he had been unfairly selected for redundancy. His employer, a large manufacturing company, decided to restructure one of its factory operations and as part of this process, having taken advice from its Human Resources department, it decided that, once it had created the new structure, it … Read more
Tom Street & Co were recently instructed to assist a young man in connection with an unfair dismissal claim he wished to advance against his former employers. His employers were a high street retailer. He was dismissed for gross misconduct in connection with the alleged theft of extremely low-value items in this case, confectionary items. … Read more