UK academics declare Labour’s employment law reforms offer “a credible plan of action.”

Over 50 employment Law specialists in the UK have written a open letter on the Labour Party's employment law plans, which offer the most comprehensive extension of employment protections for workers in living memory,  to be "a credible plan of action." The full text of the letter, published on 6 December 2019, reads: "Britain’s labour … Continue reading UK academics declare Labour’s employment law reforms offer “a credible plan of action.”

Broken Promises and (allegedly) Bullying Managers

I have spent Saturday morning, as every sane person does, skim reading historic EAT judgements, and in the process stumbled upon the decision in USDAW v Burns. USDAW v Burns is a 2014 unfair dismissal case, the background to which will be familiar fare to many trade union reps, notwithstanding that the Respondent in this … Continue reading Broken Promises and (allegedly) Bullying Managers

Cross Examining Witnesses in Disciplinary Hearings

In an Employment Tribunal hearing the cross examination of witnesses represents the majority of a disciplinary hearing. By contrast in a misconduct hearing of an employee the overwhelming majority of hearings will feature no cross examination of witnesses at all. As was set out in R (Bonhoeffer) v General Medical Council in certain circumstances the … Continue reading Cross Examining Witnesses in Disciplinary Hearings

Is Diabetes Necessarily a Disability?

If a person has type 2 Diabetes are they necessarily disabled under the Equality Act 2010? This was the question considered by the Employment Appeals Tribunal in Metroline Travel Ltd v Stoute [2015] UKEAT 0302_14_2601. The claimant had type 2 diabetes but was not on medication for this but did control his condition by controlling … Continue reading Is Diabetes Necessarily a Disability?

Unfair Dismissal and the Myth of Red Tape

The Lancashire Telegraph is running a story on the unfair dismissal ruling of a former employee of Moorlands School in Clitheroe, Lancashire. Along with two other members of school staff of Moorlands School, a private boarding school in Lancashire, the claimant was supervising a school trip at which a number of pupils got drunk. Depending … Continue reading Unfair Dismissal and the Myth of Red Tape

So far as may be Lawful

In a recent provocative article for The Guardian the Unite General Secretary Len McCluskey explains the background to a recent Rules change in the Union's constitution that could pave the way for a major showdown with the the next Government (if Conservative led) over its trade union legislation. It is worth posting in it's entirety, … Continue reading So far as may be Lawful

A Box Ticking Exercise

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

Affirming Gross Misconduct

At the beginning of the month I posted What Will the Papers Say?, a piece on the High Court' s decision in Williams v Leeds United Football Club [2015] EWHC 376 (QB). Briefly, the claimant, then a Director for Leeds Utd FC, had sent pornographic images using the football club's IT to three people: Dennis Wise, … Continue reading Affirming Gross Misconduct

What Will the Papers Say? Employment Law, Disrepute and the ‘Beautiful Game’

In recent mainstream media reports there has been a focus on the appalling racist chants of a group of a group of Chelsea fans; this story has an employment focus as at least one Chelsea fan, finance worker Josh Parsons, has now been suspended from his work in the aftermath of the incident. Time will … Continue reading What Will the Papers Say? Employment Law, Disrepute and the ‘Beautiful Game’