Beyond the UK borders: Questions of territory in employment rights

The Employment Act does not specify territorial scope in regards to the rights of an employee. In a the Lawson vs Serco case, the court of appeal and the House of Lords relied on case law alone to come to their verdict.   The employer, Serco Ltd is a UK company which operates world-wide providing … Read more

Employment Tribunals: How to deal with non payment of award

Following the recent publication of research by the Department for Business Innovation & Skills (“BIS”)  which stated that only 64% of successful Claimants recovered compensation following an Employment Tribunal decision[1] the Government has accepted that this has got to change. One problem that we occasionally encounter is when the Employer ceases to trade their limited … Read more

Parental Leave

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

UNISON set to challenge Employment Tribunal fees

UNISON have today announced that they are considering applying for a judicial review of the government’s decision to introduce fees for Claimants in the Employment Tribunals. The basis upon which they are seeking to challenge the decision are: (1) on the basis that it is unlawful for Claimants to have to pay fees to exercise … Read more

Case Review: Sacked for stealing sweets won in Tribunal

Please see our video link here >> Tom Street & Co were recently instructed to assist a young man in connection with an unfair dismissal claim he wished to advance against his former employers. His employers were a high street retailer. He was dismissed for gross misconduct in connection with the alleged theft of extremely … Read more

Case Review: Teacher unfairly dismissed for gardening without a risk assessment

An employment tribunal found that Tracey Smith from South Yorkshire had been unfairly dismissed from Aldine House, a secure unit for problem children in Sheffield. The claimant was awarded £70,000, after being accused of breaking regulations over discipline, poor relationships with work colleagues and breaking health and safety rules. One allegation was that Miss Smith … Read more

What employers and employees need to be aware of in 2013

Following a bumper crop of proposals from the Coalition Government in 2012, this year will see a raft of new legislation coming into force related to employment tribunals, family-friendly rights and employee-shareholder contracts to name just a few. Read our guide summarising some of the key updates that both employers and employees should be aware … Read more

Employment Law – what happened in 2012?

When everyone least expected it, 2012 became a dizzyingly busy year for employment legislation. There were periods over the last twelve months where at every turn there was a new government proposal, consultation process or amendment to employment legislation. The Department for Business, Innovation and Skills, headed up by Vince Cable, Liberal Democrat Business Secretary, … 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