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Employment Law Blog

8 January 2015

Tribunal fees question moves from court to politics

Since employment tribunal fees came in in July 2013, statistics show the number of claims going to tribunal has fallen off a cliff. We are now seeing around 80 per cent fewer cases coming before the employment tribunals year on year. Although this may partly be explained by the introduction at the same time of the Acas early conciliation procedure, many have questioned whether the fees are preventing access to justice for lower paid employees and certain types of claims.

This article first appeared in People Management in January 2015.

22 December 2014

Employment law case round up: 12 lessons learnt in 2014

A new year inevitably brings with it a time for reflection. As ever, 2014 has been a year of change in employment law.  In this blog, we take a look back at some of this year’s key cases including those relating to Early Conciliation, Tribunal fees, post-termination victimisation, redundancy payments, holiday pay and TUPE.  By reminding ourselves of lessons learned this year, we prepare for the new year ahead.

Kirsty Churm

18 December 2014

Legal update: A failure to comply with Early Conciliation requirements can be rectified, and the claim is treated as presented on the date the defect was rectified

It has been held that a Claimant who incorrectly completed her ET1 form in respect of Early Conciliation requirements could rectify that defect.

Kirsty Churm

18 December 2014

Legal update: Can an employer rely on an employee continuing to work as implied consent to revised terms and conditions?

In Wess v Science Museum Group it was maintained that, when considering whether the conduct of an employee (i.e. their continued working) amounts to acceptance of a variation in terms and conditions in a situation where the employee has not signed those revised terms, Employment Tribunals should treat with caution the argument that the employee has impliedly accepted those terms, at least where the effect of those new terms is not immediate. 

28 November 2014

Acas statistics for Early Conciliation - 6 months on

Whisper it quietly but Acas Early Conciliation (“EC”) does seem to be settling down well and may yet prove the critics wrong. That is what Acas wants us to believe, but are they right?

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