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We were recently asked to defend a vexatious application to strike out our client’s statement of case under CPR 3.4. The circumstances in which the application was to strike out our statement of case was made was as follows: We had been successful in obtaining a Tribunal award in our client’s favour at the Central London … Read more
We were instructed to represent a young lady who worked in a hair salon. She was taken on with the promise of an “apprenticeship” and paid a very low salary of ÂŁ30 per day on the assumption, possibly naively on her part, that she would receive some form of apprenticeship or training to advance her … Read more
A Manager at Royal Mail in the West Midlands has had his claim for unfair dismissal rejected after an Employment Tribunal heard that he had accepted a ÂŁ76,000 redundancy payout. Roy Sylvester, who was based in Dudley, told the Birmingham Employment Tribunal that he had been forced to resign after being bullied and harassed. He … Read more
Two employees at a Tesco distribution depot in Northamptonshire have won a claim for indirect discrimination. The two employees, both aged 27, had been restricted to use of prayer facilities at their place of work. Â The two men were amongst a number of Muslim employees who had been asking Tesco since 2006 for a specific … Read more
If you’re going through an equal pay claim and you have a comparator that doesn’t work for the same establishment you work in but for an associated employer don’t lose hope as you could still potentially be successful in your claim. The are three main tests with regards to linking the two establishments within an … Read more
Industrial Tribunals were created by the Industrial Training Act 1964 as independent judicial bodies to hear employment claims. Â They were subsequently renamed following the Employment Rights (Dispute Resolution) Act 1998 and are now known as Employment Tribunals. Industrial Tribunals, or Employment Tribunals as they are now known, deal with all manner of employment related issues. … Read more
There is often a common preconception that if there is no written contract of employment between and employer and employee then there is no contract, however employment contract law has confirmed otherwise. There is always a contract of employment between an employer and an employee even if it is not in writing one will still … Read more
What are Reasonable Adjustments? Under Section 20 of The Equality Act 2010 employers have a legal duty to make reasonable adjustments to prevent their disabled employees, or those applying for positions within the company, from suffering a disadvantage when compared to other employees. Factors such as economic and practical viability will be taken into consideration … Read more
One of the most important statutory (legal) rights is the right to claim unfair dismissal. Â A great deal of unfair dismissal cases have been heard by employment tribunals and what follows is a consideration of the most important of those cases. Â An employee proposing to make an unfair dismissal claim must show that he has … Read more
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