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

BBC: Sexual misconduct anonymity order overturned

We report on a case where the Employment Appeal Tribunal needed to balance the human rights of the claimant against the public interest in open justice. Background Mr Roden was employed by the BBC as a Development Producer. The BBC… Read on

Claim brought 6 years late not an abuse of process

Was the Tribunal right to strike out a claim brought 6 years out of time, where the claimant had suffered from mental health issues over that period? No, said the EAT, in the recent case of Higgins v. Home Office.… Read on

£10k costs award despite inability to pay

The Employment Appeal Tribunal has recently held that the claimant in an unfair dismissal and discrimination complaint should pay the other side’s costs, despite her inability to pay. We explain why. Background Mrs Chadburn brought unfair dismissal and harassment proceedings… Read on

Zero hours worker: £19,500 injury to feelings award

An Employment Tribunal has recently handed down a judgment in a sexual harassment case, where the fact that the employee was on a zero hours contract was relevant to the amount of the award. Background Miss Southern was employed by… Read on

39% of over 50s prefer flexible working before retirement

Following the UK’s silver workforce gaining the right to request flexible working last summer (recap here), a Government poll just published shows that 39% of over 50s not currently retired said that working part time or flexible hours before stopping… Read on

Government limits backdated holiday pay claims

On 8 January 2015, The Deduction from Wages (Limitation) Regulations 2014 will come into force. These regulations establish, from 1 July 2015, a two-year limitation on how far back in time workers’ employment tribunal claims can go to recover the… Read on