Employment Tribunal Fees – Reimbursement

Following the abolition of Employment Tribunal fees over the summer, the Ministry of Justice and the Courts and Tribunals Service have now launched a fee reimbursement scheme for the repayment of Tribunal fees.  There will be a phased implementation with around 1,000 individuals being invited to apply for refunds first, before the scheme is opened up more generally.  Successful applicants…

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Prime Minister’s letter to EU nationals in the UK

On 19th October Theresa May issued an open letter to EU nationals living in the UK.  The letter is a useful read for EU nationals and anyone who employs them, and provides clearer reassurance than we have seen so far that EU nationals living lawfully in the UK now will be able to stay post Brexit.   She talks about being…

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Disciplinary Investigations – what should go into a report?

In the case of NHS 24 v Pillar (UKEATS/0005/16) the Employment Appeal Tribunal (EAT) held that including previous incidents of unpunished misconduct in an investigation report did not render a dismissal unfair. Ms Pillar, the Claimant in the case, worked for NHS 24. Her role was to speak to callers to a medical helpline, determine the medical priority of the…

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ACAS Guidance on Mental Health

ACAS has produced a comprehensive booklet called “promoting mental health in the workplace”. This guidance contains details of the legal risks associated with this area, as well as more practical measures that can be implemented in the workplace. Shorter guidance on dealing with stress and managing staff experiencing mental illness have also been published. Links to the guidance can be found here:…

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Preventing Illegal Working – Revised Government Guidance for Employers

The law on preventing illegal working in the UK means that employers can be liable for civil penalties if they employ staff who do not have the right to work here.  Furthermore there are criminal liabilities if an employer knows or has reasonable cause to believe that they are employing an illegal worker. Employers can establish a statutory defence against liability for a civil penalty if…

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Gender Reassignment

ACAS has published new guidance for employers on gender reassignment discrimination. It gives a useful overview of the law, and best practice recommendations for employers.  It covers a range of issues such as how to support transitioning employees, and respecting gender identity at work.   The guidance can be found here: http://www.acas.org.uk/index.aspx?articleid=2064

Burden of Proof in Discrimination Claims

In the case of Efobi v. Royal Mail Group Ltd, the Employment Appeal Tribunal departed from accepted wisdom and practice, and held that claimants do not bear the initial burden of proof in discrimination claims.   Instead it is for the Tribunal to consider all of the evidence, from all sources, to decide whether there are facts from which it can…

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Time to check up on your Restrictive Covenants

At Julian Taylor Solicitors we have seen a recent upturn in employers seeking to enforce restrictive covenants to restrain the activities of departing employees.  This sort of clause, usually entered into as part of an employment contract, can be a vital way of protecting key business interests when staff move on, but the Courts can take a fairly tough line…

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Employment Tribunal Fees – Abolished

Fees were introduced in the Employment Tribunal on 29th July 2013. Claims were divided into two types: Type A (for example, claims for statutory redundancy payments, unlawful deductions from wages and breach of contract) and Type B (for example, unfair dismissal, discrimination and whistleblowing). For a single claimant, the issue fee for a Type A claim was £160 and the…

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