Employment Law Changes Come Into Force

Employers are reminded that several new employment law measures came into force on 29 July 2013. 1. Bringing an Employment Tribunal (ET) claim is no longer free. The fee structure for single claims to the ET is as follows: For level 1 claims (e.g. claims for sums due on termination of employment, such as unpaid… Read more »

Establishing Disability Under the Equality Act

A person is disabled for the purposes of the Equality Act 2010 if he or she has an impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. If an impairment ceases to have that effect, it is to be treated as continuing to do so if… Read more »

Great news for employers on holiday pay!

The EAT in the case of Sood Enterprises v Healy has capped the allowance that employees are able to automatically carry over while absent on long-term sick leave at four weeks rather than the 5.6 weeks they are entitled to. In summary, Mr Healy had been off work sick for a year and a half… Read more »

Victimised Royal Mail Worker Wins Tribunal Claim

A former Royal Mail postal worker whose claims of unfair dismissal and victimisation were upheld by the Employment Tribunal (ET) has reached a settlement with his employer for an undisclosed sum in compensation (Musa v Royal Mail Group Ltd.). Abdul Musa, who was supported in his claim by the Equality and Human Rights Commission, began… Read more »

Race Discrimination Claim Was Not Too Late

The Court of Appeal has ruled (Charles v Tesco Stores Ltd.) that the Employment Tribunal (ET) erred when it struck out an employee’s race discrimination claim on the ground that it had been lodged too late. In ruling that the claim was out of time, the ET had wrongly focused on a single incident and… Read more »

Paid Holiday for Workers on Long-Term Sick Leave

The Court of Appeal has confirmed that the entitlement to paid annual leave of a worker who is absent for a whole year owing to sickness does not depend on that person submitting a request for the leave before the end of the relevant pay year (NHS Leeds v Larner). Mrs Larner was absent from… Read more »

Age Discrimination – Qualifications and Pay Structure

The Employment Tribunal (ET) has now delivered its judgment in the long-running case of Homer v Chief Constable of West Yorkshire Police, which dealt with a claim of indirect age discrimination brought under the Employment Equality (Age) Regulations 2006 before the abolition of mandatory retirement at age 65. The Supreme Court last year ruled that… Read more »

Nurse’s Constructive Dismissal Claim Upheld

In upholding arguments that an experienced nurse was constructively dismissed, the Employment Appeal Tribunal (EAT) has ruled that her employer’s decision to revoke her summary dismissal and to allow her back to work, subject to extensive retraining, amounted to a continuation of her employment rather than a fresh contract (Thomson v Barnet Primary Care Trust)…. Read more »