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Range of Reasonable Responses: Iceland Frozen Foods v Jones [1983] ICR 17[1] When considering whether a misconduct dismissal was fair or not, the Tribunal not only looks at whether the employer had a reasonable belief that the employee was guilty of the misconduct (as in the Burchell test laid out in BHS v Burchell) but they … Read more
A whistleblower at Southend Hospital who claimed that she had been bullied by colleagues after discussing concerns with management was offered just 56p in compensation to settle the case. Now, health care assistant Gillian Austin, 58, is bringing a claim against Southend Hospital and is seeking £185,000 in damages following victimisation and bullying. Mrs Austin … Read more
The Burchell Test: British Home Stores v Burchell [1978] IRLR 379[1] When a tribunal is trying to decide whether a dismissal for misconduct is fair or unfair a case that they will almost certainly look at is that of BHS v Burchell which is the basis for the Burchell Test. In this case an employee was … Read more
Equal Pay Legislation has been around for 40 years and yet there still appears to be a significant gender pay gap. When taking into account the average hourly earnings of full and part-time workers, women earn nearly 20% less than men.[1] Commentators ascribe many reasons for this gap including the preponderance of women in part-time … Read more
Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 … Read more
The Right to Parental Leave The right to parental leave applies to all employees with a minimum of one year’s service who have parental responsibility. The right comes to an end on the child’s fifth birthday or, in the case of an adopted child, the fifth anniversary of adoption. The right is extended to age … Read more
Employment Tribunal Forms: The Basics If you are making a claim at the Employment Tribunal for the first time it can all seem a bit overwhelming and at times daunting. The idea of Employment Tribunal Forms and deadlines could put anyone off. In reality there is only one form that you need to consider and … Read more
When making an unfair dismissal claim one important thing to consider is the amount of compensation that you are going to receive. When a Tribunal is awarding compensation this is split up into two main sections which are the basic award and the compensatory award. The basic award can be calculated accurately however it is … Read more
A female solicitor who lodged claims for sexual harassment, sexual discrimination and wrongful dismissal, has settled her claims against a West Country firm of solicitors. Kate Baker, 33, alleged that her employer did not want her to have a relationship or have children and that she was dismissed after she began a relationship. The Employment Tribunal … Read more
Racial Discrimination at Work Section 9 of the Equality Act 2010 covers the protected characteristic of Race. Race for the purpose of the Equality Act includes colour, nationality and ethnic or national origins.[1] Discrimination on the basis of caste is not yet included in the legislation. Although it is fully expected to be included in the future … Read more