In Rajput v Sky Retail Stores Ltd [2024] EAT 46 the employment tribunal held that unilateral changes to the claimants’ contracts (changing their role from Store Manager to Sales Advisor but increasing their pay) had resulted in Hogg v Dover College [1990] ICR 39 dismissals. This meant that the claimants could not pursue a wages claim in… >>
HM Courts and Tribunals Service (HMCTS) has announced that all Employment Tribunal online services (affecting submission of ET1s, ET3s and digital applications) will be subject to a planned upgrade between 20.30 on Thursday 18th April – 08.00 on Friday 19th April. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within… >>
In Nicol v World Travel and Tourism Council [2024] EAT 42 the EAT rejected the claimant’s contention that, as long as a protected disclosure had been made to person A, and person B (the decision-maker) knew that a disclosure had been made, person B did not need to know the detail of what had been… >>
Under SI 2024/366: Amendments are made to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237, which sets out the rules that govern the procedure in the Employment Tribunals, including: to allow the tribunal to direct that the 28-day time limit for the filing of a response restarts from… >>
In Wicked Vision v Rice [2024] EAT 29 the EAT held that: a claimant cannot claim that their employer (a company) is vicariously liable under section 47B(1B) of the Employment Rights Act 1996 (ERA 1996) for the act of a co-worker (in this case the company’s owner) for the ‘detriment of dismissal’; such a claim… >>
In Accattatis v Fortuna Group (London) [2024] EAT 25 an employment tribunal judge failed to fully examine a salesman’s requests for hybrid work during the coronavirus (COVID-19) pandemic, the EAT has ruled after finding this might have saved his automatic unfair dismissal claim. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase… >>
From 6 April 2024, new increased compensation limits for employment tribunal claims will come into force, including a revised figure of £700 (currently £643) for the maximum amount of a week’s pay (used for calculating various awards including statutory redundancy payments and unfair dismissal basic awards), and a higher maximum unfair dismissal compensatory award of… >>
In Mathur v HMRC [2024] UKUT 38 (TCC), the Upper Tribunal (UT) held that the First-tier Tax Tribunal (FTT) did not err in law in deciding that a payment made to the appellant, Ms Mathur, by her former employer in settlement of Employment Tribunal proceedings was subject to income tax as employment income under section… >>
In Carryl v Governing Body of Manford Primary School [2023] EAT 167 the Employment Appeal Tribunal (EAT) held that when an employment judge is deciding the amount of a deposit order it should ask a paying party how much money they have coming in and going out so that the judge has a view as… >>