Automatic unfair dismissal (or how to get around the 2 year rule)
The general rule is that only employees who have been employed continuously for two years or more can bring a claim of unfair dismissal. However, there are some important exceptions to the so-called “two year rule” which can be extremely… Read on
Ill health dismissal: does the ACAS Code apply?
The ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where someone is dismissed from work purely due to ill health. This means employers can dismiss someone for sickness without following the process recommended in the ACAS… Read on
How much will an Employment Tribunal cost me?
This is usually the first question that most people have when considering the risks and benefits of bringing an employment tribunal claim. It is particularly important to understand the likely costs of starting litigation in the employment tribunal as the… Read on
Work involved preparing for an Employment Tribunal hearing
We set out the steps commonly involved in preparing for an employment tribunal hearing. Drafting the claim form (ET1) and reviewing the response (ET3) – or vice versa depending on who is opponent Drafting further questions about the response/claim and… Read on
Claimant who discussed case while under oath has claims dismissed
Employees who bring a claim in the employment tribunal must observe strict rules or risk having their cases thrown out, as a recent decision from the Employment Appeal Tribunal (EAT) illustrates. It is particularly important to understand what you can… Read on
Claim against overseas employees can go to employment tribunal
The Employment Appeal Tribunal (EAT) has ruled that an employment tribunal can hear a case brought by a whistleblower against colleagues working overseas. Background The so-called “Lawson v Serco” test is applied by employment tribunals in deciding whether an employee… Read on
Marriage and civil partnership discrimination: a little known right?
As Prince Harry announces he is tying the knot with Meghan Markle, we look at the legal protection available for those who are married or in a civil partnership. While most people know that sex and race discrimination is unlawful,… Read on
Were you involved in a tribunal claim between 29 July 2013 and 26 July 2017?
If so, you are eligible to claim a refund of any fees you paid in respect of an employment tribunal or employment appeal tribunal claim after the Government abolished fees for bringing claims and launched its refund scheme earlier this… Read on
New Case on Burden of Proof in Discrimination Cases
Generally speaking, the burden of proof in civil proceedings is on the person who brings a claim in a dispute. So, for example, it is necessary for an employee bringing a claim in respect of an underpayment of wages to… Read on
Employment Tribunal fees ban – does this affect you? What should you do?
Many will be aware from the press and social media that on Wednesday 26 July 2017, the Supreme Court in R v Lord Chancellor 2017, held that the requirement for claimants to pay fees to bring claims in the Employment… Read on