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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
Please find below a list of employment tribunal locations throughout the UK: London London Central >> London East >> London South >> Midlands Birmingham >> Huntingdon >> Leicester >> Nottingham >> Shrewsbury >> North East Leeds >> Newcastle >> Sheffield >> North West Liverpool >> Manchester >> Scotland Aberdeen >> Dundee >> Edinburgh >> Glasgow … 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
The Burchell Test:Â British Home Stores v Burchell [1978] IRLR 379[1]Â When a tribunal is trying to decide whether a dismissal for misconduct is fair or unfair a case that they will almost certainly look at is that of BHS v Burchell which is the basis for the Burchell Test. In this case an employee was … Read more
Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 … Read more
Employment Tribunal Forms: The Basics If you are making a claim at the Employment Tribunal for the first time it can all seem a bit overwhelming and at times daunting. The idea of Employment Tribunal Forms and deadlines could put anyone off. In reality there is only one form that you need to consider and … Read more
When making an unfair dismissal claim one important thing to consider is the amount of compensation that you are going to receive. When a Tribunal is awarding compensation this is split up into two main sections which are the basic award and the compensatory award. The basic award can be calculated accurately  however it is … Read more
With sites like Facebook having over a billion users worldwide and sites like Twitter and Instagram following closely behind in the amount of users, you can easily find out what people are doing and what their personality is like just from their various social media pages. Posting compromising photos and explicit status’ and comments really can hamper … Read more
When an employer and an employee are going through a disciplinary procedure they are meant to follow the ACAS code[1]. This is not only for the benefit of the employer and the employee so that a fair and considered disciplinary procedure has been followed but also that if it goes all the way to tribunal … Read more