-
- Date:
- 31 March 2010
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that employees, who successfully claim discrimination, are entitled to be compensated for any injury to health or injury to feelings caused by the act complained of, even if they were unaware that the act complained of was discriminatory.
-
- Date:
- 30 March 2010
- Type:
- Employment law cases
In Muschett v HM Prison Service [2010] EWCA Civ 25 CA, the Court of Appeal held that an agency worker had neither a contract of employment nor a contract with the end user personally to carry out work. Accordingly, he could not bring complaints of unfair or wrongful dismissal, or of unlawful discrimination, against the end user.
-
- Date:
- 24 February 2010
- Type:
- Employment law cases
In Chagger v Abbey National plc and another [2009] EWCA Civ 1202 CA, the Court of Appeal confirmed that employment tribunals should ask a Polkey-type question when considering loss of earnings flowing from a discriminatory dismissal. The Court also ruled that, in appropriate cases, compensation for loss of earnings may include an element of "stigma" loss.
-
- Date:
- 10 February 2010
- Type:
- Employment law cases
In Autoclenz Ltd v Belcher and others [2010] IRLR 70 CA, the Court of Appeal held that a group of car valeters were employees, despite the fact that their written contracts with the valeting company stated that they were independent contractors, and contained clauses allowing "substitution of labour" and the "right to refuse work".
-
- Date:
- 27 January 2010
- Type:
- Employment law cases
The Court of Appeal has held that an employee who was employed under a series of fixed-term contracts and whose contract was terminated could bring a claim of unfair dismissal despite the fact that he was employed to work outside Great Britain. Territorial limitations to unfair dismissal rights should be modified where necessary to enable a right emanating from European law to be enforced.
-
- Date:
- 26 January 2010
- Type:
- Employment law cases
In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT has confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation.
-
- Date:
- 14 January 2010
- Type:
- Employment law cases
The Court of Appeal has criticised an employment tribunal’s suggestion that tribunals should adopt a “liberal” approach when considering whether or not to extend the time limit for lodging a claim.
-
- Date:
- 9 December 2009
- Type:
- Employment law cases
In Stuart Peters Ltd v Bell [2009] IRLR 941 CA, the Court of Appeal held that, in a case of constructive unfair dismissal, the Norton Tool principle that compensation for unfair dismissal without notice must include a sum representing the employee's full pay during his or her notice period does not apply, and the employee must give credit for any earnings during this period.
-
- Type:
- How to
Practical guidance on responding to an employment tribunal claim, including the 28-day time limit for submitting the ET3; grounds for resisting the claim; pleading in the alternative; and counterclaims.
-
- Date:
- 28 October 2009
- Type:
- Employment law cases
In Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA, the Court of Appeal held that NHS doctors subject to disciplinary proceedings are entitled to be represented at any disciplinary hearing by a qualified lawyer instructed by their medical protection organisation.