17 September 2017

The GDPR: what is the new data protection legislation that is on the way?


The Data Protection Bill was given a first reading in the House of Lords on 13 September 2017. This formality signals the start of the Bill’s passage through the Lords. A second reading including general debate on all aspects of the Bill is scheduled for 10 October 2017. The Bill will replace the Data Protection…
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15 September 2017

Discrimination against part-timers – BA on the hook!


If a part-time worker works more than 50% of full-time hours, but is paid only 50% of full-time salary, is that less favourable treatment contrary to the Part-Time Workers Regulations 2000? Yes, held the EAT in British Airways v Pinaud. If statistical evidence is available, can this be disregarded? No, the case being remitted on…
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12 September 2017

Latest Employment Tribunal statistics – claims slowly rising…


On 14 September 2017, the Ministry of Justice published the tribunal quarterly statistics for the period April to June 2017. During this quarter: The number of single claims received by employment tribunals rose by 2% while disposals decreased by 6% compared with the same quarter in 2016, resulting in an 11% increase in the outstanding…
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8 September 2017

New Vento bands – the cost of discriminating just went up!


For the first time in a very long time the compensation awards for injury to feelings, the measure of damages in discrimination claims, have been raided. They are effective for all claims issued after 11 September 2017 but it is arguable that anyone pleading a case in the tribunal issued recently may also be able…
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4 September 2017

Another case on the early conciliation regime and errors


In Chard v Trowbridge Office Cleaning Services Ltd, the EAT held that a tribunal should have found that the difference between the respondent’s name on an early conciliation (EC) certificate and on the subsequent ET1 claim form was a ‘minor error’ under rule 12(2A), such that the claim need not have been rejected. The error…
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25 August 2017

News shortly to follow on the ET regime refund arrangements – the stay has been lifted


The Presidents of the Employment Tribunals have issued further Case Management Orders, lifting with immediate effect the blanket stay (sist in Scotland) on all tribunal claims or applications brought in reliance on the Supreme Court’s decision in R (on the application of Unison v Lord Chancellor [2017] UKSC 51. Any applications for reimbursement of fees,…
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22 August 2017

ET claim revived under no fee regime


In Dhami v Tesco Stores Limited, Ms Dhami sued Tesco for disability and age discrimination in the Employment Tribunal. She applied for a fee remission but her application was rejected and her case was thrown out when she could not pay the fees.   The Supreme Court ruled in the Unison case that the Government’s employment…
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14 August 2017

Hell & damnation preaching is not religious discrimination


Is it direct or indirect religious discrimination to discipline an employee who condemns homosexuality and speaks of repentance during a Prison church service? No, held the EAT in Trayhorn v The Secretary of State for Justice. The Claimant, a Pentecostal Christian, was disciplined for elaborating on a passage from Corinthians 6 which condemned homosexuality. He…
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