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Employees Rights’ – Where to find them Employees rights’ in the workplace arise from any relevant employment contract and statutory rights (the laws made by parliament). Â Whilst employment law is a complex and tricky area it is fair to say that the most commonly relied upon laws are contained within a handful of statutes (written … Read more
A former head teacher of a private girls’ school in North Wales has been awarded nearly ÂŁ217,000 following an unfair dismissal claim. Bernie Routledge and his former partner Helen Price both brought an unfair dismissal claim against Howell’s School in Denbigh in March 2013. Ms Price, who was head of the PE department, was also … Read more
Workers Rights; in particular those of agency workers; are slightly different to those of an employee’s. You are an Agency worker if you are contracted with an Agency but then temporarily work for an employer. Whilst you are working for the employer you will be instructed by the employer right than your Agency. Key Difference … Read more
A teaching assistant from Cannock has been awarded more than ÂŁ16,000 in compensation after winning her school unfair dismissal case against Bridgtown Primary. Paula Williams, 45, was wrongly dismissed after claims that she swore in front of pupils, used inappropriate language and also posted “inappropriate Facebook photos”. The school head teacher, Joanna Raybould, told the … Read more
Due to how our legal system works Employment Tribunal cases are not classed as precedents. (This means that they can’t be used to support any argument you or your representative are wishing to portray) However if the tribunal case is then taken further such as to the Employment Appeal Tribunal or to the Courts above … Read more
The main employee rights available in the UK are set out below. Â If you feel that you are being denied your statutory (legal) rights or you need any kind of employment law advice then please contact the Do I Have A Case helpline on 0800 0148727 for free, no obligation legal advice. Employment Rights Act … Read more
Redundancy Criteria:Williams and Others v Compair Maxam [1982] ICR 156[1] When an employer is considering having to make redundancies in the company they are not able to cherry pick the employees that they want to keep on. They instead have to have a proper redundancy criteria from which they select the employees who are to … Read more
Western Excavating v Sharp [1978] ICR 221[1] When attempting to take an employer to the tribunal for Constructive unfair dismissal one of the key cases that has to be considered is that of Western Excavating v Sharp. This case lays out the foundation elements to create constructive dismissal. The facts of the case are fairly … Read more
Range of Reasonable Responses: Iceland Frozen Foods v Jones [1983] ICR 17[1] When considering whether a misconduct dismissal was fair or not, the Tribunal not only looks at whether the employer had a reasonable belief that the employee was guilty of the misconduct (as in the Burchell test laid out in BHS v Burchell) but they … Read more
A whistleblower at Southend Hospital who claimed that she had been bullied by colleagues after discussing concerns with management was offered just 56p in compensation to settle the case. Now, health care assistant Gillian Austin, 58, is bringing a claim against Southend Hospital and is seeking ÂŁ185,000 in damages following victimisation and bullying. Mrs Austin … Read more