Employment Tribunal

Can my employees used audio recordings as evidence in the Employment Tribunal?

March 11, 2013

A point which arose in the recent Employment Appeal Tribunal case of Vaughan v London Borough Of Lewisham & Ors was that of the admissibility of audio-recorded evidence in the Employment Tribunal (particularly when it is proportionate to admit or reject the admitting of such evidence). We’ll therefore take a look at this in the following […]

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Beware forcing employees to resign from their employment

March 11, 2013

Employers often wish to get rid of particular employees for a variety of reasons – misconduct on the part of the employee, a clash of personalities, or allegations of under-performance, for example. In dealing with these issues and attempting to maneuever the employee out of their employment, employer’s often suggest to the employee that it […]

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What is sexual harassment in the workplace?

February 27, 2013

Sexual harassment in the workplace is an issue that raises its ugly head frequently in Employment Tribunals and the national press. This exposure can be both costly and embarrassing to both the business that is being sued and the alleged perpetrator of the sexual harassment. In this post we’re therefore going to take a look […]

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Whistleblowing commission set up by Public Concern At Work

February 26, 2013

Public Concern At Work have reported that it is setting up a Whistleblowing Commission in order to “examine the existing arrangements for workplace whistleblowing and make recommendations for change”. The Commission has been set up due to concerns over the following areas: Whether the law and policy relating to whistleblowing is effective Whether regulators should be […]

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ACAS launches consultation on Settlement Agreement Code of Practice

February 19, 2013

Personnel Today have reported that ACAS have announced that there will be a new consultation on a Code of Practice on settlement agreements (read more legal advice on settlement agreements on WardBlawg here). The Government announced in June 2012 that settlement agreements would replace the current “compromise agreements”, with the intention of making it easier […]

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Worker succeeds in obtaining enforcement order against employer in High Court

February 12, 2013

This is Jersey reports that an employee has succeeded in obtaining an Order for enforcement against their former after the employer failed to pay an award for compensation from the Employment Tribunal. Mr Carratu instructed an unfair dismissal solicitor and succeeded in his unfair dismissal claim to the Employment Tribunal last year. He was awarded £19,000 for […]

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Witness orders in the Employment Tribunal – what are they?

February 12, 2013

When employment disputes graduate to the Employment Tribunal, the Tribunal has to decide what they think the facts of the matter are and how the law applies to the relevant facts. The issue of evidence in the Employment Tribunal is therefore a very important one – cases succeed or fail based upon what evidence they […]

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Closing your business and avoiding unfair dismissal claims

January 17, 2013

In the light of this recent news story about the success of a woman in her claim for unfair dismissal after the business she worked for was shut down we’re going to examine how businesses can potentially avoid liability in such claims if they close down. We’ll therefore look at the following issues: Why might […]

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Postman loses Employment Tribunal claim against unfair dismissal

January 16, 2013

A postman has lost his appeal to the Employment Appeal Tribunal against a finding of fair dismissal in his Employment Tribunal claim last year. The facts in McAfferty v Royal Mail Group Ltd Thomas McAfferty commenced employment with Royal Mail in 1991 and worked as a postman for the company for 19 years until his […]

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Woman successful in unusual breach of contract claim against Holland & Barrett

January 8, 2013

A news item in the Pink News recently reported the success of a woman’ Employment Tribunal claim after she was forced to go off work sick because of the conduct of her husband. Mother-of-two Olga Gofmane, 34, emigrated to the United Kingdom with her husband approximately ten years ago. She worked for Holland & Barrett […]

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