Employment and Trade Union Law
In the Employment Appeal Tribunal case of Evans v London Borough of Brent, the EAT rejected an employer's application that a claimant's case of unfair dismissal be struck out and dismissed without a hearing to consider the facts. The case does not really break any new ground but is nonetheless a useful one for employees … Continue reading The value of a ‘valueless’ claim
In responses to employment tribunal claims it is sometimes argued that a tribunal does not have jurisdiction to hear the complaint because the tribunal is 'estopped' (prohibited) from deciding an issue because it has already been decided by the Tribunal. This can occur when a claimant has previously made an employment tribunal claim. The basic … Continue reading Disability and Issue Estoppel
When a claimant lodges an employment tribunal claim the case does not always get so far as the Respondent even needing to decide whether they contest the case and need to submit an ET3 (the document setting out a Respondent's Grounds of Resistance). Sometimes an employment judge reviews the case at the outset and determines … Continue reading Discretion on the Sift
Rule 11(1) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 requires that "The Tribunal shall reject a claim if it is not accompanied by a Tribunal fee or a remission application." In other words, since the since the introduction of employment tribunal fees if a claim is made but that claim is … Continue reading A Box Ticking Exercise
Imagine you work in a company with two employees, both Indian, and an employer who is also Indian. You come from the Dalit caste in the caste system, meanwhile your employer and a fellow employee performing the same role as both share a higher caste. You notice that despite having exactly the same job as … Continue reading Race and Caste Discrimination
