COT3 wording – take care

We report on a case where the wording of a COT3 Settlement Agreement did not do the job the employers expected it to. Background In the recent Employment Appeal Tribunal decision of DWP v. Brindley, the Court dealt with an… Read on

Dismissal for ill health: does ACAS Code apply?

The EAT has recently confirmed that the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where a dismissal has been purely for health reasons. Background The ACAS Code says that it applies to dismissals for conduct… Read on

ACAS extends rights at disciplinaries and grievances

Background Section 10 of the Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied at a disciplinary (relating to conduct and/or performance) or grievance hearing where they make a reasonable request. The EAT judgment in… Read on

What is ACAS early conciliation?

Early Conciliation is a service offered by ACAS to allow potential claimants and employers to try to settle a dispute before employment tribunal proceedings are issued. A potential claimant must lodge a form with ACAS before they can commence an… Read on

Claim rejected for not following early conciliation rules

The case of Thomas v Nationwide Building Society is the first reported case of a claim being rejected by a Tribunal because of an employee’s failure to follow the early conciliation procedures. Background New early conciliation procedures were introduced on… Read on

5 key changes to employment law this April

A number of changes to the law recently came into effect, and here are the most crucial. ACAS early conciliation becomes law. Involving ACAS in Employment Tribunal claims, and following a set process, came into force last week. It will… Read on

Financial penalties for employers who get it wrong

The Government has announced that it intends to implement a provision in the Enterprise and Regulatory Reform Act allowing tribunals to impose a financial penalty on employers who breach employment rights. At present, most tribunal awards are based on the… Read on

Major changes to Employment Tribunals

Employment Tribunals have offered a free service to Claimants since they were introduced in the 1970s. However that all changed on the 29th July 2013 when fees were introduced for anyone starting a claim in the tribunal. A fee is… Read on