Why is reinstatement after unfair dismissal so rare?

One of the options pursuant to an unfair dismissal claim is reinstatement or re-engagement of the claimant within the company. In the period 2011-2012, only 5 orders for reinstatement or re-engagement were given by employment tribunals. Re-engagement might work well in a large limited company or plc, which has a number of separate and diversified … Read more

Osborne: “Give up your employee rights and own a slice of the company”

George Osborne resurrected controversial plans to dilute workers’ rights by announcing at the Conservative Party Conference that employees can give up some of their legal rights at work in return for shares in the company. Already being called “Beecroft by the back door”, referring to the divisive report on employment legislation by venture capitalist and … Read more

Age Discrimination less likely following abolition of Default Retirement Age

The Default Retirement Age was abolished in October 2011, but today, 5 October 2012, is the final say upon which anyone could effectively be forced to retire at the age of 65, which could result in age discrimination. Whereas many employers used the DRA as a means of removing “older” employees and re-employing younger, cheaper … Read more

Sacked for putting too much chocolate on a McFlurry

A “crew member” is taking the fast-food giant McDonalds to an employment tribunal, claiming unfair dismissal after she was sacked for sprinkling too many pieces of chocolate on a McFlurry dessert. Sarah Finch, aged 19 from Carmarthenshire,  says that a colleague, who was purchasing the dessert, had asked her to “make it a nice one”. … Read more

Government consulting on revisions to Equality Act 2010

Developed under the previous Labour Government, the Equality Act 2010 brought together all UK discrimination legislation in one place, and has been in force since October 2010. However, the Coalition has decided not to implement certain elements of the Act, including the allowance of claims based on a combination of protected characteristics, and delayed the … Read more

Streamlining confirmed for employment laws, designed to boost business

The Department for Business, Innovation and Skills announced today new steps to give firms greater flexibility and confidence in managing their staff, and also to reduce the burden of red tape for businesses. The changes, which echo proposals announced earlier this year, are most likely to benefit small businesses. It should be said that there … Read more

Boss of £1million-a-year Coventry refuse business sacked nephew

The boss of a £1 million-a-year Coventry refuse business who sacked his nephew will not have to pay him compensation, a tribunal has ruled. Anthony Lakin – nephew of Kevin Kennell, boss of family-run firm Budget Skips Services – won his case for unfair dismissal at Birmingham employment tribunal on a technicality, because the firm … Read more

Companies might be banned from asking about Territorial Army activity

In plans being drawn up by Philip Hammond, the Defence Secretary, TA reservists could be offered similar rights to those available to pregnant women, in an effort to prevent employment discrimination. Proposals will be published when parliament reconvenes after the summer break to rapidly increase the numbers of the Territorial Army, to essentially replace thousands … Read more

“Zero Hours” employment contracts found not to represent the reality of relationship

Employers have over recent years, found innumerate ways of benefitting from someone’s work, whilst endeavouring to avoid the rights and responsibilities which come with having an actual “employee”. We have seen contracts for casual workers, as well as “arms-length” relationships with contractors and sub-contractors. One of the most popular recent mechanisms for “taking someone on” … Read more

Case Review: Muslim employee who wore headscarf to work “forced to resign”

A luggage retailer based in Piccadilly, Central London, forced a Muslim employee to resign after she wore a headscarf to the store which wanted to retain a “trendy image”. Ms Farrah brought a claim for both unfair dismissal and direct discrimination on grounds of religion against her former employer, Global Luggage Co. The claimant originally … Read more