Consultation for unified Courts and Tribunals
A consultation has been launched by the Ministry of Justice on whether to merge the Courts service and the Tribunals service to create one single organisation. The new organisation would include the Employment Tribunals service and the Employment Appeal Tribunal. The proposed name of such organisation is ‘Her Majesty’s Courts and Tribunals Service’. The legal […]
Equality Act Code of Practice published
The Equality and Human Rights Commission (EHRC) has published three Codes of Practice on the Equality Act 2010 which came into force in October 2010. The Codes of Practice cover three areas: Equal Pay Employment Services, Public Functions and Associations. The Codes of Practice provide guidance to organisations about the provisions in the Equality Act […]
Avoiding scam claims in job applications
Unfortunately, there are a minority who seek to abuse anti-discrimination legislation by bringing false claims in the Employment Tribunals. These scams usually focus on job applications and the scam operates by an individual submitting two job applications which only differ on particular characteristics. For example, one application has a typical Anglo-Saxon name, and the other […]
Employment Tribunal appeals only on a point of law
A recent case serves as a reminder that you cannot appeal to the Employment Appeal Tribunal (‘EAT’) against a decision of an Employment Tribunal, unless it is on a point of law only. The EAT will not hear an appeal which relates to a disputed fact in a case. In this case, an employee who […]
Bonus excluded upon termination of employment
The Court of Appeal has ruled that an employer does not have to include a bonus in payments made to an employee when their employment ends if the contract allows this. In this case the contract allowed for a bonus to be paid after 12 months of employment and stated ‘you must be employed by […]
Judicial review of proposed NMW changes
With many lower paying agencies and umbrellas worried about expenses and the National Minimum Wage (NMW), the Cordant Group PLC has lodged a judicial review. The application challenges the proposed amendments to NMW legislation due to come into effect on 1st January 2011. The amendments will prevent travel expenses from counting as income for the […]
EU says “non” to increased maternity pay
Employers and recruiters can breathe a sigh of relief as the EU Council has rejected proposals for the right to 20 weeks’ fully paid maternity leave. Currently in the UK, employees and qualifying agency workers are entitled to up to 39 weeks of maternity leave, the first 6 weeks of which is to be paid […]
Data Protection penalties issued by the ICO
Recruitment company hit as, for the first time, the Information Commissioner’s Office (ICO) exercises new powers to serve penalties for serious data protection breaches. We reported earlier this year that the enforcement powers of the ICO had been extended. The new powers allow the ICO to issue a penalty notice up to the value of […]