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“Zero Hours” employment contracts found not to represent the reality of relationship

Employers have over recent years, found innumerate ways of benefitting from someone’s work, whilst endeavouring to avoid the rights and responsibilities which come with having an actual “employee”. We have seen contracts for casual workers, as well as “arms-length” relationships with contractors and sub-contractors. One of the most popular recent mechanisms for “taking someone on” … Read more

Case Review: Muslim employee who wore headscarf to work “forced to resign”

A luggage retailer based in Piccadilly, Central London, forced a Muslim employee to resign after she wore a headscarf to the store which wanted to retain a “trendy image”. Ms Farrah brought a claim for both unfair dismissal and direct discrimination on grounds of religion against her former employer, Global Luggage Co. The claimant originally … Read more

Case Review: Woman wrongly accused of watching porn at work wins £20k unfair dismissal case

A married churchgoing mother, 50, has won a £20,000 unfair dismissal claim after she was wrongfully accused of watching pornographic material whilst at work. Mrs Buckley had worked as a Finance Manager for a dental laboratory in Oldham, Lancashire for 10 years, but in 2010 was questioned on why she has been looking at hardcore … Read more

Ministry of Justice confirms introduction of Employment Tribunal Fees

We knew it was in the pipeline and this week the Ministry of Justice set out its’ plans for introducing fees to the employment tribunal system. It is currently proposed that these fees will commence in Summer 2013. If you are an individual wanting to bring a claim against your employer this is currently free … Read more

Headcount reduction not necessary for redundancy

In the recent case of Packman t/a Packman Lucas Associates v Fauchon (EAT/0017/12) the Employment Appeal Tribunal confirmed that an employee who was dismissed because of a downturn in the employer’s work (and therefore a reduction in the hours to be worked) was dismissed on grounds of redundancy – even though there was no reduction … Read more

Case Review: Grimsby amputee wins £38k for disability discrimination against employer

A crane operator from Grimsby who had part of his leg removed has been awarded £38,000 in compensation after his employers made it difficult for him to return to work. Mammoet UK Ltd, a transport and lifting company, was ordered to pay an award under disability discrimination legislation after an employment tribunal heard that the … Read more

Case Review: Little Chef employee claimed unfair dismissal after stealing pie

A former employee of the restaurant chain Little Chef with 12 years’ service has lost her claim for unfair dismissal after she took home an apple pie without permission. Lynn Smith had been employed as a supervisor, but lost her job when she broke the company’s rules on taking produce home, the Employment Tribunal in … Read more

Case Review: Range of Reasonable Responses Test

We recently won an unfair dismissal case in Leicester, the facts of which, when said out loud, seem somewhat incredible. Tom Street of Do I Have A Case discusses the case, and the appropriate legal tests, in this video. An employee with 22 years’ service with his employer was sacked for gross misconduct after he … Read more

Serial litigant blocked by the Employment Tribunal

A claimant who began 31 different sets of employment tribunal proceedings over 28 months has been informed he can bring no more cases without the Employment Appeal Tribunal’s express permission. Anthony Bentley, who claims in his CV to be a qualified photographer and entertainer, had issued proceedings for age discrimination and in some cases disability … Read more

Vince Cable announces new “settlement agreements” legislation

This week the Business Secretary, Vince Cable, unveiled the Government’s plans for the strengthening of voluntary agreements between employers and employees, under new rules in the Enterprise and Regulatory Reform Bill. The changes are considered to be “anti-Beecroft” and are designed to replace the much criticised idea of “no-fault dismissals” as proposed by Adrian Beecroft’s … Read more