In recent months I have assisted in a case in which a worker was on the brink of dismissal for absences that were entirely attributable to her experience of menopause (thankfully averted, the dismissal that is). In another a worker was subject to a misconduct allegation for an emotional and out of character outburst that … Continue reading Menopause, Disability and the Equality Act 2010.
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.”
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
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
Michael Reed is a solicitor and principal legal officer for the Free Representation Unit (the FRU). I should say at the outset that I have immense respect for the work of the FRU (and if you can, I would encourage you to support them). As a union rep I have also referred cases to FRU … Continue reading There is Power in a Union
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
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  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?
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
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
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
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  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
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’