I have expressed my reservations about whether ACAS early conciliation will bring any significant benefits to dealing with employment tribunal claims. However, the Scheme is now operational and it is therefore important to know how it works in practice. The Scheme started on 6 April and is currently voluntary but from 6 May it will…
As I have reported during the last few months zero hours contracts have attracted a good deal of attention, mainly since it came to light that there are probably far more people employed subject to them than was previously thought. While some employees have welcomed the flexibility they provide, others appear to have had little…
In Ashworth and Others v The Royal National Theatre the question for Mr Justice Cranston (sitting in the High Court) was whether to grant an injunction pending trial requiring the Theatre to continue employing musicians, notwithstanding that part of the music for the show has always been recorded and the Theatre wanted to move to…
Employment tribunals, being creatures of statute, have had an unhappy history when it comes to considering time limits and balancing adherence to them with general principles of fairness. As all those with experience of unfair dismissal claims will know, there is a strict time limit of three months for commencement of proceedings. The time limit…
In Frith Accountants Limited v Mrs J Law the relatively narrow questions for the Employment Appeal Tribunal were whether someone who has been constructively dismissed can be held to have contributed to that dismissal, whether the basic award should have been adjusted to take into account the employee’s conduct and whether the assessment at 40%…
A great deal of hot air has been generated as a result of David Cameron’s decision to play up his faith in the Church of England. His article suggests a warm beer and village greens approach to his Christianity – “…I appreciate its liturgy, and the architecture and cultural heritage of its churches. My parents…
In August 2013 I asked the question whether holiday pay should include overtime. In the case of Neal v Freightliner Limited Employment Judge van Gelder, sitting in Birmingham, readily found that holiday pay should equate to “normal pay”, i.e. what the employee normally receives, relying on the European Court decision in British Airways plc v…