The President of the Employment Tribunals (England and Wales), Judge Barry Clarke, has issued new Presidential Guidance on the way in which employment tribunals in England and Wales give effect to their duty under rule 3 of the Employment Tribunal Rules of Procedure 2013 in respect of alternative dispute resolution, including the roll-out on a national basis of the use of dispute resolution appointments. This follows the successful outcome of a pilot programme on the use of such appointments and the employment tribunals’ experience of mediation via telephone and video during the coronavirus (COVID-19) pandemic.
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In McMahon v AXA ICAS [2025] EAT 8, the EAT faced a number of issues on appeal around the payment due from a deduction of wages as well as a disability discrimination claim which was struck out by the employment tribunal. The respondent also cross-appealed a decision on deduction of wages, arguing that there was… >>
Where a claimant has failed to comply with the early conciliation (EC) requirement but the employment tribunal did not reject the claim under either Rule 10 or 12 of the ET Rules 2013 (now Rules 12 or 13 of the ET Rules 2024), the tribunal should not reject the claim at a later stage, eg… >>
In East Lancashire NHS Trust v Akram [2025] EAT 2, the EAT followed the approach set out by the Supreme Court in Chief Constable of the Police Service of Northern Ireland v Agnew [2024] IRLR 56 on how to calculate a day’s pay for holiday pay purposes. It explained that: • a person should receive… >>