New judicial assessment procedure

The Employment Tribunals have a new judicial assessment procedure, whereby a Judge can give an early indication of his/her impression of the strength of the parties’ cases. Under the Protocol dealing with the new process, the assessment can only take… Read on

Employment Tribunal Rules are wrong: EAT

The Employment Appeal Tribunal has held that the rule in the Employment Tribunal Rules which obliges Tribunals to reject claims which “cannot sensibly be responded to” is wrong, and should not be applied. Background Rule 12(1)(b) of the Employment Tribunal… Read on

Injury to feelings for no rest breaks?

Was a worker who had been refused unpaid rest breaks entitled to compensation for injury to feelings? The EAT has considered this, and we report on their decision. Background Under the Working Time Regulations 1998, workers are entitled to unpaid… Read on

Re-engagement order disallowed

We report on a case where an order for re-engagement has been considered by the EAT. Background The Claimant in this case, Miss Lupton was employed by Lincolnshire County Council. She resigned when the council sought to change her working… Read on

Wrong early conciliation number: ET1 barred?

Unhappily, in this case the claimant missed the last 2 digits from the early conciliation number in her Employment Tribunal application form. The Tribunal barred her claim because of this, but should they have done so? Background The claimant, Miss… Read on

Starbucks dyslexia case: implications

You will be aware that Starbucks employee Meseret Kumulchew has recently won a disability discrimination claim on the basis of her dyslexia. But what are the implications? Implications In Ms Kumulchew’s case, her dyslexia meant that she made mistakes in… Read on

Early conciliation: adding new respondents

When a Claimant has issued against a particular Respondent, and wishes to change his/her mind about the Respondent after the early conciliation process has finished, do separate early conciliation forms need to be filled in? Background In this case, the… Read on

Tax treatment of settlement payments

In this case, the Tax Tribunal found that a payment made in a settlement agreement where discrimination was alleged in relation to a redundancy exercise was taxable, subject to the £30,000 exemption. This even though injury to feelings compensation for… Read on

Time limits and early conciliation

Where ACAS Early Conciliation begins before the time limit starts running on a claim, how should time be calculated? Background In this case, which was recently decided by the Employment Tribunal, the Claimant Miss Myers started early conciliation before she… Read on

Tribunal re-writes UK legislation (again)

The Employment Appeal Tribunal has recently sanctioned the Employment Tribunal’s re-writing of Equality Act 2010, where it deals with victimisation. We explain how. Background Victimisation, under the Equality Act 2010, occurs, in the main, where person A subjects person B… Read on