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Pre-Action Protocol for Debt Claims
Following an extensive consultation process since 2009 the final version of the Pre-Action Protocol for Debt Claims as dictated by the Ministry of Justice will come into force on 1 October 2017.
Continue ReadingWill I get my costs back now?
In February we shared this article which discussed recovering costs lost in legal disputes.
Lord Justice Jackson has now published his review of civil litigation costs.
A regime of “fixed recoverable costs” had been expected for all civil claims up to £250,000 in value, with a table setting out how much the winner could recover from the loser towards their costs. This would have had a major impact on the economics of resolving disputes in court.
In fact the recommendations are somewhat diluted and more flexible. He has proposed the following.
Continue ReadingEmployment Tribunal Fees Are Unlawful
In one of the most important legal decisions in recent years in the employment field, the Supreme Court has allowed the appeal of UNISON in its challenge to the introduction of employment tribunal fees.
Continue ReadingBermans announce highest turnover in firms’ history with revenues of over £5m
North West law firm Bermans has announced record financial results for the third consecutive year with the firm reporting an increase in turnover from £5.14M to £5.3M for the financial year ending 30th June 2017.
Continue ReadingSickies – A Thing Of the Past?
If you’re a fan of the Peter Kay show, Car Share, you’ll have seen the perfect sickie in the making. John’s car share buddy, Kayleigh, calls into work. She feigns a stomach bug with great aplomb, while John looks on. It’s all part of her plan to lure John, who happens to be the assistant manager in the store where they both work, to the safari park for the day.
Continue ReadingFailure to call appeal officer wasn’t fatal
Elmore v The Governors of Darland High School
In most unfair dismissal cases, an employer will put its dismissing officer and its appeal officer in the witness box. It makes sense to give the tribunal a full account of what happened at each stage and why. But this case shows that a fair dismissal may be found even where the appeal officer does not give evidence.
Continue ReadingDisability-related absence didn’t cause redundancy
Charlesworth v Dransfields Engineering Services Ltd
Mr Charlesworth, a branch manager, took a period of sick leave after developing cancer. His employer had been looking to make cost savings, and during Mr Charlesworth’s absence the business identified the possibility of a restructure that would delete his job and save the business up to £40,000 a year.
Continue ReadingDamages for Redundant Apprentice
Kinnear v Marley Eternit Ltd t/a Marley Contract Services
Mr Kinnear was taken on by Marley under a four-year apprenticeship during which he was trained in roofing.
A downturn in workload led to his dismissal for redundancy despite his contract having 122 weeks left to run. He could not find another company to take him on, and so was not able to finish his apprenticeship.
Continue ReadingThe Right to be Accompanied
Gnahoua v Abellio London Ltd
Employees have the right to be accompanied by a colleague, or a trade union representative or official at a disciplinary hearing. An employer who breaches this could face a tribunal claim and the possibility of having to pay compensation of up to two weeks’ pay.
Continue ReadingPsychometric Testing was Discriminatory
The Government Legal Service v Brookes
Psychometric testing has long been a way of assessing the aptitude of job applicants. But this tick-box test, marked by computers, doesn’t necessarily provide a level playing field.
Ms Brookes has Asperger’s Syndrome. She applied for a job as a trainee lawyer in the Government Legal Services (GLS). The first stage of the recruitment process was a multiple-choice test, known as a Situational Judgment Test (SJT). Ms Brookes asked if she could respond by giving short narrative written answers. (The tribunal went on to find that, as a person with Asperger’s, she lacked social imagination and would have difficulties in imaginative and counter-factual reasoning in hypothetical scenarios.) GLS refused.
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