The presidents of the employment tribunals in England and Wales and in Scotland have issued presidential guidance on witnesses giving oral evidence from abroad following the decision in Agbabiaka [2021]. In this case, the Upper Tribunal (Immigration and Asylum Chamber) held that when a witness is to give evidence from abroad, the country where the …
Continue reading “ET – evidence from abroad”
The EAT has heard an interesting case involving harassment, which occurs when someone subjects another person to unwanted conduct relating to a protected characteristic that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. In deciding whether the conduct has that effect, a tribunal must …
Continue reading “Training – harassment”
Most employers understand that they have a duty to make reasonable adjustments for those employees who are disabled within the meaning of the Equality Act 2010. However, what is reasonable is often difficult territory to navigate. In a recent case, the EAT considered whether an extension of time to appeal against a dismissal was a …
Continue reading “Unfair dismissal – disability discrimination”
The Employment Tribunal Rules of Procedure 2013 make no provision for the recording of hearings nor give any right to apply for a transcript of a hearing, unlike the Civil Procedure Rules. This, together with the fact that most venues do not have the facility to record, has meant that ET hearings are not routinely …
Continue reading “ET – case transcripts”
On 1 April 2022 the government issued guidance on principles for workplace management to reduce the spread of respiratory infections (which replaces ‘Working safely during coronavirus (Covid-19)’). The guidance is aimed at employers, workforce managers (both paid staff and volunteers) and people who manage a workplace or organisation. The information is intended to help people …
Continue reading “Covid – reduction in the workplace”
The ET has heard a case in which the owner of a casino faced various claims from an employee, one of which was victimisation. The claimant was of mixed black African heritage and was the most experienced cashier working on the cash desk for the casino. Over the years, she was passed over for promotion …
Continue reading “No invite to drinks – victimisation”
On 6 April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into force. They amend the 1992 Regulations (PPER 1992). They extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers. Under PPER 2022, the types of duties and responsibilities on employers and employees under PPER …
Continue reading “PPE – at work”
From 6 April 2022 the compensation limits for unfair dismissal have changed where the employee’s effective date of termination is on or after 6 April 2022. The compensation is made up of two elements: basic award – this is a fixed sum calculated to a set formula; and compensatory award – compensation for the money …
Continue reading “Unfair dismissal – compensation rates”
In our May 2022 edition (p14) we looked at a timely article dealing with how employers should manage public holidays – this of course has been brought into sharp focus due to the Queen’s Platinum Jubilee. We will now look at further issues employers must manage when dealing with public holidays. What public holidays are …
Continue reading “Public holiday – further issues”
A very interesting article discusses how to deal with employees who break the law, which has come into focus due to the ‘Partygate’ saga. The broad nature of what the employer needs to consider when dealing with a (potential) criminal offence is encapsulated in the Acas Code of Practice on disciplinary and grievance procedures at …
Continue reading “Criminal offence – dismissal”