Posts Categorized: Employment and HR

The Employment Tribunal Fees Refund Scheme

Following a four-week pilot scheme, the Employment Tribunal Fees Refund Scheme is now open to anyone who paid fees in respect of an Employment Tribunal or Employment Appeal Tribunal claim after their introduction in July 2013. Those eligible can apply online here. Alternatively, the following forms are available to apply for a refund by post… Read more »

Equal Pay – Can You Compare One Type of Job With Another?

For the purposes of equal pay legislation, can workers doing one job compare themselves with others performing an entirely different task when both are paid from a single source? In an important decision, the Employment Appeal Tribunal (EAT) has ruled that the answer to that question is ‘yes’ (Asda Stores Limited v Brierley and Others)…. Read more »

Uber Drivers Are Workers, Rules EAT

The Employment Appeal Tribunal (EAT) has upheld the decision of the Employment Tribunal last year that Uber drivers are workers, rather than being self-employed, and thus have the right to be paid the National Minimum Wage or the National Living Wage and to receive holiday pay. The case was brought by a number of past… Read more »

Employment Tribunal Fee Refund Scheme Launched

In July 2013, the Employment Tribunals and the Employment Appeal Tribunal Fees Order introduced fees for bringing a claim to the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT). The stated aims were to transfer part of the tribunals’ running costs from taxpayers to those using the service, to deter unmeritorious claims and to… Read more »

Employee, Worker or Self-Employed Contractor?

When distinguishing between employees, workers and self-employed contractors, bargaining positions can provide a useful litmus test. That was certainly so in a further case on this topic in which an Employment Tribunal (ET) found that a bicycle courier was a worker, within the meaning of the Working Time Regulations 1998, notwithstanding that his contract specifically… Read more »

Discrimination on the Grounds of Religion or Belief

A Pentecostal Christian has failed to persuade the Employment Appeal Tribunal (EAT) that the Employment Tribunal (ET) erred in dismissing his claim that he had suffered direct and indirect discrimination on the grounds of his religious beliefs (Trayhorn v The Secretary of State for Justice). Barry Trayhorn worked at HM Prison Littlehey as a gardener…. Read more »

Parental Bereavement Bill Published

Employers are not currently required to give paid leave to grieving parents. Section 57A(1) of the Employment Rights Act 1996 gives employees the right to take a reasonable amount of time off to take action which is necessary for dependants – for example, if they are ill or injured – and Section 57A(1)(c) of the… Read more »

‘Pre-Pack’ Administration and TUPE

Whilst the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) operate to protect the employment rights of employees when there is a relevant transfer of a business or part of a business, Regulation 8(7) provides that where the transferor is the subject of bankruptcy proceedings or any analogous insolvency proceedings that have been instituted… Read more »