When managing redundancies – must an employer consider alternative employment?
Overview In the case of Hendy Group Ltd v Mr Daniel Kennedy, the Employment Tribunal was asked to decide whether the employer had properly fulfilled its legal obligation to explore alternative employment during a redundancy process. The Tribunal ultimately found that Mr Kennedy had been unfairly dismissed, as his employer had failed to make reasonable […]
HR Solutions Virtual Employment Law Seminar: Stay Ahead of UK Employment Law Changes in 2025
Join HR Solutions for our annual Employment Law Seminar, a virtual event designed to keep you informed about the latest updates and forthcoming changes to UK employment law in 2025. This seminar is essential for businesses looking to protect themselves against the risk of future employment claims and stay compliant with evolving legislation. What You’ll […]
Low maternity pay found to not support families and to force new parents back to work early
Recent research from the charity Pregnant Then Screwed in collaboration with Women in Data, which gathered responses from 35,800 respondents, highlights the pressing issue of low statutory maternity pay (SMP) in the UK and examines its impact on new mothers and families. The key findings on the effects of SMP include: 43% of mothers return […]
Proposed changes to Statutory Sick Pay (SSP) and payroll processing
Upcoming changes outlined in the Employment Rights Bill would significantly affect payroll processing, particularly regarding Statutory Sick Pay (SSP). One of the most notable changes is the removal of waiting days. From now on, any absence due to incapacity will be treated as a period for SSP eligibility from day one. This simplifies payroll processing, […]
Employee Unfairly Dismissed Over Email Blunder
In the case of M Jones v Vale Curtains and Blinds, Jones, a part-time administrator at Vale Curtains and Blinds, was found to have been unfairly dismissed after mistakenly emailing a customer and referring to him as a “tw*t.” The tribunal determined that the dismissal was not warranted based on the circumstances surrounding the incident. […]
Police officer awarded £1.1 million in constructive dismissal case
In the case of Katrina Hibbert vs The Chief Constable of Thames Valley Police, Hibbert was awarded over £1 million after her employer discriminated against her by withdrawing permission for a side business that supported her mental health while she was on sick leave. The circumstances Katrina Hibbert began her career with Thames Valley Police […]
Types of Employment Tribunal Claims and How to Avoid Them
Employment tribunal claims can disrupt business operations and harm reputation. Understanding common types of employment tribunal claims claims, such as unfair dismissal and discrimination, can help employers implement proactive measures that prevent these disputes from escalating to tribunals. There are various types of employment tribunal claims, including: Unfair Dismissal: Dismissing an employee without a fair […]
Employment Tribunal and Employment Appeal Tribunal Fees Set to Be Introduced in November 2024
The UK Government is expected to implement a fee structure for claims submitted to the Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) starting in November 2024. These changes are designed to ensure that the system remains affordable, proportionate, and simple for all users while addressing the need for financial sustainability within the tribunal system. […]
Introducing Fees in the Employment Tribunals and the Employment Appeal Tribunal
A new consultation has been launched which proposes to reintroduce modest fees within the Employment Tribunals (ET) and Employment Appeal Tribunal (EAT) systems, aiming to enhance the ongoing refinement of the Court and Tribunal Service while lessening the burden on taxpayers to finance these services. Charges were previously in place from July 2013 to July […]
First COVID – 19 Case Reaches Court of Appeal
Just prior to Christmas, the first COVID-19 related case reached the Court of Appeal. The court heard that an employee who failed to attend work during COVID-19 because they believed that they would be faced with serious and imminent danger had not been unlawfully dismissed. The Tribunal Case Rogers v Leeds Laser Cutting is the […]
Is supporting a football club, a philosophical belief?
In the case of Mr E McClung v Doosan Babcock Ltd, the Employment Tribunal considered whether someone supporting a particular football team can be deemed a philosophical belief in accordance with the Equality Act 2010. In which case, it would offer employees protection from discrimination and unfair treatment. The circumstances In this case, Mr McClung […]
Pimlico Plumbers Ruling: Do you need to review your annual leave policy?
Claiming backdated holiday pay outside the usual tribunal time rules You may well remember a case going back and forth through the various courts relating to Pimlico Plumbers. It is a long-standing and complicated case that has dealt with employment status and rules around claiming backdated holiday pay. The claimant (Gary Smith) was unsuccessful in […]
Employment tribunal backlog reaches 10 year high
Soaring unemployment in the aftermath of COVID-19, on top of an existing backlog, has seen the highest level of employment tribunal claims in ten years. A person bringing an employment tribunal claim will now have to wait 14 months to have their case resolved, with while a quarter of people will have to wait at least 16 months. While […]
Case Law Update: Collective Redundancy Consultation
Deciding the Threshold for When Collective Consultation is Triggered This case law update provides a digestible account of a recent Employment Tribunal outcome. We take a look at the background details on the case, the rationale behind the judgements and takeaway learning points. Case UQ v Marclean Technologies SLU looks at when the threshold exists for when […]
New Case Ruling: Working Time in the Care Sector
A group of home care providers have been ordered to pay more than £100,000 in backdated earnings, around £10,000 per employee, the equivalent of 9 months full time work at the national minimum wage and holiday pay. Unison, on behalf of ten employees brought a tribunal claim against three care providers for failing to pay […]
Interesting Employment Tribunal Cases: Witness Statements and Marital Status Discrimination
This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. Tai Tarian v Christie: Was it outside the range of reasonable responses to dismiss someone in reliance on the evidence of an anonymous […]
Interesting Employment Tribunal Cases: Dismissal and Redundancy
This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. An Exceptional Fair Dismissal M Gallacher vs Abellio Scotrail Ltd A fair dismissal requires a proper procedure to be followed, and the decision […]
Protected conversation and ‘without prejudice’ conversation, what’s the difference?
Within HR a ‘protected conversation’ is not the same as a ‘without prejudice’ conversation. However, both of these types of conversations allow employers to enter into off-the record conversations with a view to agreeing an exit with the employee. So, what is the difference between a protected conversation and a ‘without prejudice’ conversation? A protected […]
Female banker wins gender discrimination case
A female city banker has won her case for gender discrimination, harassment and unequal pay. Ms Macken sued the London office of the French bank BNP Paribas for £4m claiming she was paid hundreds of thousands of pounds less than a male colleague. The financial product manager claimed she was paid considerably less than her […]
Presenter wins equal pay case against BBC
Journalist and presenter Samira Ahmed won her equal pay claim against the BBC in a landmark case that could open the floodgates to similar claims from other staff. An employment tribunal unanimously concluded that the BBC had not provided adequate evidence that the pay gap was based on anything other than gender discrimination. The BBC, however, continues […]
