Did the tribunal have jurisdiction to consider employment tribunal claims against US based Respondents?

13 May 2024

The short answer is yes, as held by the Employment Appeal Tribunal (EAT) in TwistDX Ltd & Others v Armes & Ors.  Dr Armes and his wife worked for a UK business that developed amplified DNA technology. Dr Armes sold his shares in 2010 to a US-based company, which in turn was purchased by another […]

Long-term sickness absence from work reaches record high

9 May 2024

The number of people absent from work due to long-term sickness has reached a record high of 2.8 million.  This is an increase of 700,000 over the past three years. The Office for National Statistics (ONS) has stated that unemployment rates have risen to 4.2 per cent and that the number of people of working […]

Discrimination – the burden of proof

7 May 2024

In Royal Mail Group Ltd v Efobi, the Supreme Court confirmed the continuation of a two-stage approach the tribunals must take in deciding whether an employer discriminated against a worker.  Stage 1 – is there a prima facie case?  The Claimant must first show “facts from which the tribunal could decide, in the absence of […]

Huge increase in sickness absence from work in the wake of the pandemic

3 May 2024

Statistics have revealed an increase in economically inactive adults since the Covid-19 pandemic in 2020. These are working age adults who are not employed and are not formally unemployed whilst looking for work. The Office for National Statistics (ONS) has published data in April 2024, showing that the percentage of economically inactive adults has increased by approximately 2 […]

If I could reform the Employment Tribunals system

2 May 2024

This blog came to mind randomly when I was walking in the woods. This is not allowed – thinking about work and the law when I am in my quiet place. But it just arrived and there was nothing I could do other than to remember it and write it down when I got to […]

Determining the true reason for dismissal 

1 May 2024

The EAT has confirmed the approach employment tribunals should take when determining the true reason for an employee’s dismissal in Gary Lewis v Dow Silicones UK Limited.  Previously, in Kuzel v Roche Products Ltd, Lord Justice Mummery provided guidance on how to consider a claim for automatic unfair dismissal. These principles, some of which can […]

The burden of proof in discrimination claims

29 April 2024

Atif v Dolce & Gabbana When assessing evidence in discrimination claims, tribunals are required to use what is commonly referred to as the reverse burden of proof approach. This means that the initial burden of proof lies with the worker. The worker needs to prove that the facts of the case give rise to an […]

Dishonesty might lead to strike out of your claim – beware!

26 April 2024

In Kaur v Sun Mark and others the Employment Appeal Tribunal (EAT) held that the tribunal had been correct to strike out Ms Kaur’s remedy claim because she had either destroyed evidence or been untruthful about doing so. Ms Kaur had been partially successful in claims against the Respondents for sexual harassment, victimisation and discrimination. […]

Protection for whistleblowers – an update

24 April 2024

We know that a dismissal will be automatically unfair if the sole or principal reason for it was that the employee or worker had made a protected disclosure (section 103A of the Employment Rights Act 1996)  A protected disclosure is one, made to an appropriate person ”(which is defined by law)” which concerns wrongdoing of […]