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As specialists in employment law, we have day to day experience in all employment related matters. We would like to share some of our insights in the articles on this page.
News and comment from the team
Employment Tribunals ensure everyone has a fair hearing.
Employment Tribunals (ETs) are at the forefront of the battle to eradicate discrimination in all its forms from the workplace. It is obviously vital that they practice what they preach and that is all the more reason why they are anxious to ensure that even the most vulnerable complainants receive a fair hearing. One case in point concerned an academic who suffered from severe mental health diffic
Read MoreHuman Rights Act vs Employment Law the debate goes on.
The impact of the UK’s human rights obligations on employment law is still a subject of much debate almost 20 years after the advent of the Human Rights Act 1998. In one important case, the Court of Appeal upheld a trade union’s plea that the right to freedom of association may be violated by the exclusion of parks police officers from pre-redundancy consultation rights that are afforded to other
Read MoreEmployment Tribunal Fees Struck Down by Supreme Court
In a resounding decision that emphasised the right of everyone to have affordable access to the justice system, the much criticised fees levied on complainants by the Employment Tribunals and the Employment Appeal Tribunal have been struck down as unlawful by the Supreme Court. The fees which range from £390 for straightforward cases to £1,200 for more complex ones have been a source of great con
Read MorePublic Interest for Whistleblowing Case on Breach of Contract
As of 25 June 2013 , under S.43B (1) of the Employment Rights Act 1996, public interest disclosures had to be “in the public interest” to qualify for protection. In Parkins v Sodexho Ltd the Employment Appeal Tribunal’s (EAT) ruling was reversed due to the ‘in the public interest’ test being added. For Parkins v Sodexho Ltd the definition of a qualifying disclosure concerning a failur
Read MoreLandmark whistleblowing case contemplates “public interest” test
Chesterton Global Ltd (t/a Chesterton Humberts) and another v Nurmohamed, case was heard by the Court of Appeal. The case holds great importance for future whistleblowing cases. The appeal was heard in the Royal Courts of Justice on 8 June. In case of terms in considering when a disclosure is “in the public interest” this case is vital, for claimants seeking to establish that a disclosure i
Read More2017 General Elections : Effect on Employment Law
This year’s general elections have a greater importance for employment law than in in recent years. The winner of these elections will lead negations of Brexit and hold more authority on domestic legalisation such as employment law. The importance is evident in both labour and conservatives tackling promises regarding employment law in each’s manifestos. On merit labour’s manife
Read MoreNew Gender Pay Gap Reporting
New Legislation in Effect As of the 6th of April it became Law for employers in Great Britain with over 250 staff to record and publish four types of figures annually on their own website and on a government website. The four types of figures are: Gender pay gap (mean and median averages) Gender bonus gap (mean and median averages) Proportion of men and women receiving bonuses Proportion of men an
Read MoreArticle 50 effects on UK Employment Law
United Kingdom’s (UK) employment law stands to feel the effects article 50 triggering, the same way the whole legal system will be taking note. After Britain’s ambassador to the EU Tim Barrow delivered the formal notice the UK’s plans to leave EU under the Article 50 of the EU’S Lisbon treaty on March 29th. On March 29th Prime Minister Theresa May triggered Article 50, which sig
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Redundant NHS Executive Wins Right to Higher Rate Pension
A senior NHS executive who was made redundant just short of her 50th birthday has had her pension rights upheld by the Court of Appeal.
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FCA Data Shows Whistleblowing Claims Drop Again
Stats from the FCA reveal the number of employees making whistleblowing claims across the financial industry has fallen for a second year.
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Workplace Bans on Religious Symbols and Dress
The Court of Justice of the European Union has ruled that in some circumstances employers can ban staff from wearing Islamic head-scarfs.
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Holiday Pay and Unearned Commission – British Gas Refused Right to Appeal
An appeal by British Gas has been rejected on grounds that the Working Time Regulations 1998 can be used to interpret EU holiday pay rights.
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UK Couriers Face High Charges for Illness Absence
It has emerged that many UK couriers who deliver for popular retailers must pay a fee of £150 for each working day they miss due to illness.
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Major Rise In Zero Hour Contracts: How Do We Solve This Controversial Issue?
The number of UK workers on zero hours contracts has risen to 910,000. Why are these contracts so prolific and do they really have benefits?
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Territorial Scope of UK Employment Laws – Guideline Decision
British Tribunals can sometimes hear claims brought by foreign nationals. However one recent case proved this is not always a possibility.
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Good Faith Lacking in Religious Discrimination Claim
In a ruling involving religious rights, tribunal denied a worker his hopes of an annual period of leave to attend religious festivities.
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Whistleblower Wins 13 Year Legal Battle Against HSBC
After thirteen years a whistleblower has finally won his case against HSBC, which will see the banking giant have to pay out £4m.
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Agency Workers – Are You Paid Less than Directly Employed Colleagues?
When an agency worker was denied the same rights as employed staff, tribunal had difficulty determining how compensation should be granted.
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Plumber’s Win Marks New Victory Against Gig Economy Discrimination
A recent ruling saw a plumber win a case being regarded as the greatest victory yet in a gig economy tribunal hearing.
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Government Tribunal Fee Report Criticised
Widespread criticism has followed the release of a government report examining the effect that tribunal fees are having on employment law hearings.
Read MoreTestimonial
- The specialist advice NEL have given us and their thorough planning and administration highlight their collective competence. Its good to know you have such an experienced team working for you when the stakes are high. Thanks to NEL we’re now much better informed and have a wide understanding of the risks we face and how to avoid them in future.