Resist or Settle a Tribunal Claim? Shock outcomes for employers

Managers may believe that it is wise to automaticially resist a Tribunal claim. Their aim is to wear the employee down and hope that he/she will give up or settle for a small sum. Appropriate maybe, if there was nothing remiss about the actions of managers and the facts support the management case. However, an […]

Holiday Entitlement – Enhanced Protection in New Court Decision

The entitlement to holidays and pay has been given extended protection by the recent decision of the European Court of Justice.   The Court restated the basic principles and has made it clear that neither employers not States have authority to diminish the right to paid holidays. Which Employers Will Face Higher Costs? Many employers provide […]

Refunds Begin of Tribunal Application Fees; Shady Employers Beware

The First Phase of Refunding Has Begun The Government has started a trial of reimbursing individuals who were charged and paid a fee to enter a claim at an Employment Tribunal.  This is as a result of the Supreme Court deciding that such fees were an unreasonable obstacle to accessing justice in cases in which […]

Distracting but Necessary Compliance Issues to Address

In this quarter, senior managers will have to grapple with a flurry of issues that do not further the organisation’s goals but which need to be addressed to avoid potential adverse publicity and other consequences. Peripheral Issues to be Addressed The following matters will need to be considered in the coming months as the implementation […]

The Minimum Wage has a Nasty Bite

True Cause or Excuse The minimum wage is well known but there are still some employers, across many sectors, who choose to skate on thin ice.   Those organisations fail to pay the correct amount because of: Insufficient funds; Failure to take into account all the operational hours expected of staff; Ignorance; An “I’ll chance it” […]

Sports Direct – the Dilemma of Organisational Flexibility

[Text amended August 2018] Many organisations need flexibility in staffing to accommodate seasonal and other variations in workload, product launches, staff holidays and illness etc. To meet such needs, senior managers should be able to introduce a range of contracts such as variable hours, zero hours, temporary and/or fixed term contracts and/or use agency workers. […]

ACAS Disciplinary Code Diluted

This article was first published in our temporary blog When the unfair dismissal legislation was introduced in 1974, the onus was on the employer to demonstrate that the reason for dismissal was fair in all the circumstances and that a fair procedure had been adopted when deciding whether or not to dismiss an individual. The […]

Postponing a Tribunal Hearing – 3rd Time You May Be Out

Occasionally postponements are used to unsettle the other party. The main drawback of postponements is the lost time, the need to rearrange appointments and the waste of tribunal time and accommodation if a new case can not be slotted into the gap. Three Strikes and Out The number of times an employer or claimant can […]