Monthly Archives: May 2009

ACAS staff shortage in face of increasing tribunal claims

Posted on by
Reply

ACAS has written to service users (including CLB Employment Solutions) to notify a staff shortage in the face of a significant increase in employment tribunal claims.

In February 2009 ACAS experienced a 30% increase in cases by comparison with February 2008, leading to arrangements to recruit and train over 100 extra conciliators. However, while recruitment is undertaken, they have warned that “there will inevitably be a period where there is a significant imbalance between cases being received and resources [they] are able to deploy to conciliation”.

This is another symptom of the problems which are currently being experienced in the administration of employment tribunal claims which all practitioners have encountered. The tribunal system was introduced as a fast and straightforward means of resolving workplace disputes and claims but the sheer number of claims is leading the process to creak under pressure.

extending time

Posted on by
Reply

The EAT has allowed a claim to proceed even though it appeared to be out of time notwithstanding that the claimant did not provide evidence in person.

The case is Accurist Watches -v- Wadher and this is the summary of the decision taken from the judgment:

“Claim for age discrimination presented five weeks out of time. Claimant not giving evidence as to reason for delay but relying on medical reports and other documentary material. Held that Judge entitled to find that it was just and equitable to extend time notwithstanding certain deficiencies in the material before him. Observations on the nature of the evidence which should be put before Tribunals hearing preliminary or interlocutory matters, particularly applications for extensions.”

workers and independent contractors – paid holidays

Posted on by
Reply

In the case of Premier Groundworks v Jozsa the question was whether a contract to provide groundwork services for a building contractor entitled the claimant to receive the basic statutory minimum paid leave under the Working Time Regulations.

Under the Working Time Regulations, a “worker” is entitled to the basic statutory minimum paid leave. “Workers” include employees but also those working under contract “to undertake to do or perform personally any work or services” provided that they do not do so as professionals working under contract with a client or a customer .

The terms of the contract are key. In this case it had already been decided by the employment tribunal that the contract was not a “sham”. The contract gave the right to the claimant to delegate performance of the services to “other persons” provided that the respondent was notified in advance and that “such person is at least as capable and qualified as [the claimant]“.

The EAT decided that this was sufficient to make the claimant an independent contractor and not a “worker”. His claim to paid leave failed

TUPE

Posted on by
Reply

This is the section in which to post news about transfers of undertakings (TUPE transfers) and related matters including law, procedure, recent decisions and anything else you think may be of interest.

new site launch

Posted on by
1

Welcome to our new website. We hope that you find the site easier to use and that you find the extensive new features beneficial.

Let us know if you encounter any problems or if you think that there our further enhancements that we can introduce.