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Tag Archive

Receiving an employment tribunal claim: what to do next

‘At some point, many businesses will receive an employment tribunal claim against them from an employee, former employee or even an applicant,’ says Samira Cakali, Managing Director and Solicitor Advocate at SCE Solicitors.

‘Although a tribunal claim can seem daunting, knowing what to expect could help you defend the claim as effectively as possible.’ Samira runs through what happens at the start of the process, sets out what to do to help prepare the defence, and she gives tips on how to keep down legal costs.

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Effective Dates of Termination…Effective from When?

The Effective Date of Termination (“EDT”) is the term used for the date an employee’s period of continuous service ends; this can be the date on which the employee’s notice expires (where the employee has been terminated with notice) or the date on which termination takes effect (where the employee has been dismissed without notice).

Establishing the EDT is crucial for determining the time limit an employee will need to adhere to in order to bring a claim for unfair dismissal. There can however often be some dispute over when the EDT took place, with many historic employment cases having been centred on the issue.

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ECHR freedom of association violated by BNP councillor dismissal

Employers expect employees and clients from different racial backgrounds, sexual orientation and political beliefs and affiliations to work alongside one another in harmony. However where an employer dismisses an employee on the grounds that their views may amount to being a health and safety risk to their clientele, would that dismissal amount to being fair?

This was the issue looked at by the ECHR in the recent decision of Redfearn v United Kingdom the European Court of Human Rights.

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TUPE and outstanding disciplinary appeals

No industry likes the chaos and anarchy the word TUPE brings. Most employers are aware that employees from OldCo transfer to NewCo on the same terms and conditions, however does this also mean that an employee pending an appeal from dismissal also transfers to NewCo?

The Employment Appeal Tribunal (“EAT”) recently dealt with this interesting issue in Bangura v Southern Cross Healthcare.

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Employment Law News Roundup

With so many serious changes planned to the tribunal system and employment law generally this year, it is well worth pointing out some of the key alterations that may have escaped your attention in anticipation of their being implemented via the Enterprise and Regulatory Reform Act 2013. With that in mind the following roundup provides a handy summary of what is coming into force and most importantly, when.

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E-Cigarettes and Alcohol


It is well established that smoking in the workplace is prohibited by law and that following this and wider smoking bans in society, many employees have sought to quit.

A relatively new method of kicking the habit is the ‘E-cigarette’. This is not classed as ‘smoking’ as nothing is actually burned in the process, making them akin to nicotine inhalers with the addition of an inhalable water vapour through which the nicotine is delivered.

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Redundancy selection: The Krypton factor

Selecting employees for redundancy is a difficult process, often an exercise in removing part of the workforce so that the whole may continue to work and hopefully grow once again. In seeking to make the unpleasant choices there should naturally be a degree of objectivity in the selection methods used. Often this is done via a matrix of key attributes (such as absences, sales records etc.) where candidates for redundancy are ‘scored’ against colleagues also up for selection.

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Obesity disability discrimination: cause or effect?

With recent Government statistics claiming that 60% of the UK’s adult population are overweight or obese, it is more important than ever for employers to understand the relationship between this condition and their obligations under disability discrimination law.

In the recent Employment Appeals Tribunal (EAT) case of Walker v Sita Information Networking Computing Ltd the EAT determined that it was the effect and not the cause of the obesity condition that should be considered when assessing whether or not a claimant is disabled for the purpose of bringing a claim under disability legislation.

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Huge sum for getting your recruitment wrong!

It is a well-established principle that employers are vicariously liable for the conduct of their employees. However does this mean that compensation can be apportioned between the employer and the individual responsible for the discriminatory acts?

The Court of Appeal (CA) has recently provided us with some clarity on the issue in London Borough of Hackney v Sivanandan & Ors.

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