News

Employment tribunal fee refund scheme opens

Tuesday 24 October 2017

The Government has launched the first stage of a refund scheme for employment tribunal fees, following the Supreme Court’s judgment in R (on the application of UNISON) v Lord Chancellor (Brief 1075) on 26 July 2017 that the fees regime was unlawful. The opening phase of the scheme will last for four weeks and full details of the scheme will be made available when it is fully rolled out.

A press release from the Ministry of Justice and HM Courts and Tribunals Service states that, at this initial stage, up to around 1,000 people will be contacted individually from today and given the chance to apply for a refund before the full scheme is opened up in the coming weeks. The MoJ and HMCTS are also working with trade unions in … read more »

New Data Protection rules will take place from 25 May 2018

Friday 20 October 2017

The government is to introduce new data protection rules under the General Data Protection Regulation (GDPR) which takes effect from 25 May 2018. 

 

Under the GDPR businesses will have increased obligations to safeguard the personal information of individuals which is stored by the business. These rules apply to the information of customers, suppliers or employees. Generally for those who are currently caught by the Data Protection Act it is likely that you will have to … read more »

Case Report: Redundancy during sick leave

Friday 20 October 2017

Is it unlawful discrimination to make someone redundant who is absent on sick leave, if the employee is off sick due to a disability related reason?

Possibly, but not necessarily said the Employment Appeal Tribunal in the case of Charlesworth v Dransfields Engineering Services Ltd.

Mr. Charlesworth was absent from work pending his treatment for cancer. During the time he was off sick, the employer realised that it could restructure the business in a way that deleted Mr. … read more »

Discrimation - Revised Compensation Guidelines

Friday 20 October 2017

The Employment Tribunals have issued updated guidance on the appropriate levels of compensation in discrimination cases.

The Court of Appeal originally set guidelines back in 2002 in the case of Vento v Chief Constable of Yorkshire Police.

That case stated that broadly speaking cases would fall into one of 3 bands, and set figures which would be appropriate

 The top band for the most serious cases such as a lengthy campaign of discrimination, the middle band is for serious … read more »

Further information about the end of Employment Tribunal fees

Friday 20 October 2017

Is your Company covered by Employment Protection Insurance? Click here to discover how Attenborough Law can protect your Company.

The challenge to the lawfulness of Employment Tribunal fees brought by the UNISON union was ultimately successful when it reached the Supreme Court and judgment was given on 26th July 2017.

The claim was that the Employment Tribunal fees restricted access to justice because many dismissed former employees could not afford the fees required to pursue a … read more »

Data Protection Bill first reading in House of Lords

Thursday 19 October 2017

The Data Protection Bill was given a first reading in the House of Lords on 13 September 2017. This formality signals the start of the Bill's passage through the Lords. A second reading including general debate on all aspects of the Bill is scheduled for 10 October 2017.

The Bill will replace the Data Protection Act 1998 (DPA) to provide a comprehensive legal framework for data protection in the UK supplemented by the General Data Protection Regulation ((EU) 2016/679) (GDPR) until … read more »

Former employee fined for unlawfully obtaining personal data from his employer

Thursday 19 October 2017

A former employee of Leicester City Council has been ordered to pay a total of £544.08 after pleading guilty at Nuneaton Magistrates’ Court to unlawfully obtaining personal data under section 55 of the Data Protection Act.

After the employee left its Adult Social Care Department and set up his own business, an investigation by the Council revealed that he had sent information relating to 349 users of Council services (including their financial, care and medical details) to a … read more »

Pregnant workers may qualify for protection before informing employer of their pregnancy

Thursday 19 October 2017

Advocate General Sharpston has given her view that the Pregnant Workers Directive (92/85/EEC) should protect workers against dismissal from the moment they become pregnant, even before they have notified their employer of the pregnancy. The Advocate General identified a tension in the directive between the protected period, defined as the period from the beginning of pregnancy to the end of maternity leave, and the definition of a pregnant worker as one who has informed her employer of her … read more »

Former employee sent to prison for deleting evidence in breach of court order

Tuesday 29 August 2017

The High Court has committed a former employee to prison for six weeks for breach of a court order aimed at preserving evidence pending trial. The employee over time had emailed confidential information belonging to the employer to his own personal email account. He then transferred under TUPE to a competitor of the employer, following a service provision change. The employer brought a claim against the employee and the competitor for misuse of confidential information. It obtained an interim … read more »

Zero Hours Contracts NOT Unlawful

Tuesday 29 August 2017

The ECJ has decided that provisions of Italian law permitting the use of zero-hours contracts for workers aged 25 or under, including provision for automatic dismissal at age 25, were not unlawful age discrimination. In the context of the difficult conditions of the Italian labour market, the court concluded that the Italian government had a legitimate aim of facilitating the entry of young people to the labour market and that its means of doing so were appropriate and necessary.

Since … read more »

ECJ decides age limit of 65 on EU commercial pilots is not discriminatory

Tuesday 29 August 2017

The ECJ has decided that the age limit of 65 for commercial air transport pilots in the EU Regulation on Civil Aviation Aircrew (1178/2011) did not breach the prohibition on age discrimination, or the right to engage in work and pursue a chosen occupation, set out in articles 21 and 15 of the EU Charter of Fundamental Rights.

The ECJ considered that the limitations placed on pilots over 65 met an objective of general interest within the meaning of the Charter and were proportionate in … read more »

Non-executive directors jointly and severally liable

Tuesday 29 August 2017

Non-executive directors jointly and severally liable to whistleblower for post-dismissal losses The EAT has decided that two non-executive directors (NEDs) were liable for their part in dismissing a whistleblower. One of the NEDs (who were more akin to executive directors) instructed the other to dismiss the claimant and the other duly did so. The EAT upheld an employment tribunal's decision that the NEDs' actions constituted unlawful detriment on the ground that the claimant had … read more »

Same-sex partners entitled to survivors pension benefits

Tuesday 29 August 2017

Supreme Court confirms same-sex partners entitled to equal survivors pension benefits Pension schemes that calculate same-sex survivor's pension benefits based on the statutory minimum will need to revisit their scheme rules following the Supreme Court's decision in Walker v Innospec Ltd and others [2017] UKSC 47. Mr Walker's case against his employer, originally begun in 2012, was that any survivor's pension payable to his same-sex spouse should be based on his entire … read more »

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