Blog
Business Development: Playing The Right Card
Leor Franks
29 January 2015
Legal update - Is it unlawful for employers to discriminate on the grounds of obesity?
The recent ECJ ruling in the Danish case of Kaltoft v Municipality of Billund held that there is no general principle of EU law prohibiting discrimination on the grounds of obesity. This is consistent with the Advocate General’s earlier opinion (for a summary of that opinion, please visit my blog, Obestity based discrimination – a growing problem.
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.
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.
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.