Monthly Archives: November 2013

Care worker entitled to national minimum wage for time spent sleeping

In the case of Whittlestone v BJP Home Support Ltd the Employment Appeal Tribunal has held that employees who are required to ‘sleep over’ at a specified location during the course of their employment are entitled to be paid the … Continue reading

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Dismissal of employees by Crystal Palace Football Club was for an ETO reason

In Crystal Palace FC Ltd (CPFC) and another v Kavanagh and others, several employees of the insolvent football club were dismissed by the administrators shortly before the business was sold. These employees subsequently brought claims in the Employment Tribunal arguing … Continue reading

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Judicial Review of unfair dismissal compensation cap

On 29 July 2013 the Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013 reduced the cap on any award of compensation made for unfair dismissal to the lower of £74,200 or one year’s salary. Prior to this … Continue reading

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Recovery of Issue Fees from Respondents in Tribunal claims

Under Rule 75 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Tribunals have the power to make a costs order against the other party in any employment proceedings. They may exercise this discretion where a party has … Continue reading

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Equality and Human Rights Commission to investigate pregnancy and maternity discrimination in the workplace

Mark Hammond, the Chief Executive of the Equality and Human Rights Commission (‘EHRC’), has said that discrimination against women who have chosen to have children ‘needs to be tackled’. Anecdotal evidence suggests that in the current workplace some women are … Continue reading

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Government study shows powers to tackle non-payment of tribunal awards are insufficient

The Government has recently commissioned a study to find out from successful claimants whether tribunal awards were paid and, if not, the reasons for non-payment and the effect of enforcement action. To gather the information the independent research company interviewed … Continue reading

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ACAS set to amend Code on employee’s right to be accompanied

We recently wrote an article on the case of Toal and Another v GB Oils and an employee’s absolute right to choose a companion at a disciplinary or grievance hearing: https://devonshiresemployment.com/2013/10/04/right-to-choose-companion-is-an-absolute-right/ In this case the employer had relied on an … Continue reading

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