Employment Law

Index items here on employment legislation, employment-related topics and case law that is not covered by any of the sub-categories OR within Employee Relations or Diversity and Equality or Health, Safety and Well-being and any of their sub-categories.

Posts

    What it means to be British

    A year on from the House of Lords’ decision in Lawson v Serco (2006 IRLR 289 HL), deciding whether overseas workers are entitled to British employment law rights remains a vexed issue. Although the appeal courts have since...

    Anderson v Stena Drilling PTE

    It is not yet plain when an expatriate worker can bring claims in UK courts, but it is already clear that a real connection with the UK is required. In this case, the employer, a subsidiary of a Swedish firm, was registered...

    Bisset v Martins & Castlehill

    Employees frequently bring harassment claims against both the employer and the alleged bully. The time limit for a post-employment grievance against an employer can be extended by three months. But tribunals have no power...

    Tribunals can hold bullies to account

    I am a CIPD fellow and have been a CBI member on the employment tribunals panel for 12 years. The fact that so many of the letters in your bullying special (14 September) accuse so-called HR or personnel managers of perpetrating...

    Norris and Robertson v Lambert and anor t/a The Black Bull Inn

    Norris was a homosexual who had suffered harassment because of his sexuality. He had also made a protected whistle-blowing complaint in support of a *** colleague, suffered unlawful deductions from his wages, and was not...

    Number crunching

    There appears to be a dramatic reduction in tribunal claims, according to the report just published by the Employment Tribunal Service. Claims were down 25 per cent on the previous year to 86,000. An analysis of claims...

    Bangs v Connex South Eastern Ltd

    Bangs brought a race discrimination claim against Connex. There were hearings and the decision, in Bangs’ favour, was made a full year later. The tribunal award contained factual errors as a result of the delay. The EAT said...

    Thinking caps

    Employment tribunal compensation limits are changing again with effect from 1 February. The limit on a week’s pay for the purposes of unfair dismissal basic awards and redundancy pay increases from £270 to £280, so the maximum...

    Tax

    The case of Orthet Ltd v Vince-Caine (2004 IDS 770; EAT) deals with the tax position of damages for injury to feelings in discrimination claims. The tribunal had assumed that the damages would not be subject to tax, but...

    Scare story

    If I were a tribunal applicant, I would now be terrified of litigation. The case of Alasdair McPherson v BNP Paribas ( www.courtservice.gov.uk ) is the high watermark for cases in which whopping costs orders have been made...