Employment Appeal Tribunal: Recent Episodes
Alison Colley
An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise. An easy to listen to legal and practical update.
AECOM Ltd v Mallon - Employment Appeal Tribunal. This case illustrates why it is important for businesses to consider and make reasonable adjustments in the recruitment process.
When does a change to employee contract terms bring the contract to an end? In this episode 211 of the podcast I bring you a run down from a case decided by the Employment Appeal Tribunal where the issue of making a change to employee contract terms was considered in the context of the employee's eligibility for an enhanced redundancy payment. The case we are covering is Jackson v The University Hospitals of North Midlands NHS Trust [2023].
In this episode of the podcast we cover:
- The options available to employees if they disagree with a change to contract terms.
- The potential risks for employers of implementing changes without agreement.
- What employers should consider when making changes to contract terms.
- How a redundancy situation can arise when making changes to employee contract terms.
- Why redundancy applied in this case.
- The issue that often arises in NHS Trusts with enforced changes to roles and changes to Band ratings.
- Why employers need to consult with employees on changes to terms.
- The leading case of Hogg v Dover College
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
A summary of the decision in the Employment Appeal Tribunal discrimination case of Gan Menachem Hendon Limited v De Groen In this episode of the podcast I cover the recent case of the Jewish nursery who dismissed an employee who refused to lie about cohabiting with her boyfriend. A case that follows the decision of the Supreme Court in the 'Gay Cake' case, reported previously in episode 109 of the podcast. In this episode I will cover: * The basis in law for the claim. * The facts of the case. * A summary of the Appeal Tribunal decision. * My thoughts on the case and why this judgement was the outcome. * Comparison to the Gay Cake case.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination; 2. Get some specific training for staff in Equality & Diversity and update regularly; 3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act; 4. Seek advice before making any decisions or embarking on potentially controversial conversations with employees, particularly if not work related.
We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance. Useful Links Gan Menachem Hendon Limited v De Groen - Employment Appeal Tribunal Lee v Ashers Baking Company Limited - Supreme Court Judgement
Podcast Episode 109 Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training on the Equality Act 2010. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Søren Astrup Jørgensen on Unsplash
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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
When is it not 'reasonably practicable' for a claim to be submitted in time? In this episode of the podcast I review an interesting case decided by the Employment Appeal Tribunal about time limits and the provision of section 111 of the Employment Rights Act which allows claims to be submitted out of time when not reasonably practicable for the complaint to be presented in time. North East London NHS Foundation Trust v Ms S M Zhou - EAT July 2018
In this episode I will cover: * The facts which have led to the appeal. * Details about the claim form and submission process. * Jurisdiction issues. * Section 111 of the Employment Rights Act 1996. * Considerations for employers when defending claims.
Action Points 1. If you receive a claim against you carefully check the time limits and timing of the claim. 2. Seek advice if you are unsure about jurisdiction issues. 3. When submitting documents and forms to the Tribunal ensure that you do not leave it to the last minute. 4. If you are unsure how this affects your business, please give us a call – 01983 897003 – 023 8098 2006 – 01722 653001
Useful Links North East London NHS Foundation Trust v Ms S M Zhou Hamling v Coxlease School - EAT 2006
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
* indicates required I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Can an employer fairly dismiss an employee for serious misconduct without any warnings? In this episode of the podcast I cover a couple of points including a recent Appeal Tribunal case about unfair dismissal, an update on delays in the Employment Tribunal and a question answered about pregnancy and sickness. In this episode I will cover: * The case of MR A BARONGO v QUINTILES COMMERCIAL UK LIMITED; * What you need to consider when deciding on dismissal in a case of serious, but not gross, misconduct; * Why there are delays in the Employment Tribunal process currently; * Whether you are able to ask an employee who is pregnant to fill in a sickness reporting form when absent due to sickness.
Action Points 1. Ensure that you seek advice before making a decision about dismissal; 2. Obtain training or give guidance to your managers about how to deal with pregnant employees; 3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.
Useful Links You can read the full case here: MR A BARONGO v QUINTILES COMMERCIAL UK LIMITED
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
* indicates required I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Does the Early Conciliation process apply to claims that happen after the certificate is issued? In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the Early Conciliation process which is mandatory in the majority of employment tribunal cases. In this case Mrs Morgan fulfilled the requirements of Early Conciliation and then resigned. Her employer, Compass Group, argued that she could not rely on the earlier conciliation certificate when making a claim for constructive unfair dismissal.
In this episode I will cover: * The background to the Early Conciliation process and requirements; * How Early Conciliation works; * The facts of the case and why the employer argued that the employee had not fulfilled the Early Conciliation requirements; * Why the Employment Appeal Tribunal consider that a wide view should be taken of 'matter' when considering Early Conciliation; * Why you should take care in submitting your defence to a claim in the Employment Tribunal.
Resources Case name: Compass Group v Morgan - Employment Appeal Tribunal. You can read the full judgement for the case here
You can start the ACAS Early Conciliation process here
Action Points 1. If you receive a call from ACAS about Early Conciliation then you should give some meaningful thought to resolution; 2. Seek advice before submitting your defence to a claim in the Employment Tribunal; 3. Seek advice about your specific business issue; 4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
Remember getting advice from a Solicitor need not be expensive or difficult!
Sign up for my fortnightly newsletter (next newsletter Monday 10th October 2016) Email Address *
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Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
When is additional pay a reasonable adjustment for a disabled employee? In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the requirement to make a reasonable adjustment for an employee who is disabled and who took a different job role, as a reasonable adjustment, which would normally have 10% less pay. Case name G4S Cash Solutions (UK) Limited v Powell
In this episode I will cover: * The facts of the case and why the employee was arguing for more pay; * The background to the requirement to make reasonable adjustments for a disabled employee; * Why it is important to consider what is 'reasonable' in the particular circumstances; * Why full sick pay is not a reasonable adjustment; * Why the Employment Appeal Tribunal decided it would be reasonable for the employer in this case to continue to pay at the employees previous rate of pay; * Why you should take care in deciding what reasonable adjustments should be made for a disabled employee.
Resources You can read the full judgement for the case here
You can find lots of examples of reasonable adjustments on the Equality & Human Rights Commission Website here
Action Points 1. If you have a disabled employee or someone you suspect could be disabled you need to consider if any adjustments are needed; 2. Seek advice if you are not sure about whether they would be a disabled person for the purposes of the Equality Act; 3. Seek advice about specific adjustments for the circumstances; 4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
Remember getting advice from a Solicitor need not be expensive or difficult!
Sign up for my fortnightly newsletter (next newsletter Monday 12th September 2016) Email Address *
First Name
Last Name
* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Is an instruction to only speak English at work discrimination? A recent discrimination case has been decided by the Employment Appeal Tribunal concerning an instruction to a Russian employee not to speak Russian at work, an interesting case for various reasons.
In this episode I will cover: * What the relevant legal provisions are regarding direct discrimination and harassment * What is required to bring a claim for direct discrimination * What is required for behaviour to constitute harassment * Reasons you should proceed with caution with regards to employees who have been employed for less than 2 years * Steps you can take to prevent a claim
Action Points Ensure that your managers and supervisors have some training and/or knowledge of the requirements of the Equality Act and that they understand that instructions they give to employees can lead to an employment tribunal claim.
Helpful Links Kelly v Covance Laboratories Limited
UK Business Startup Podcast
HR Harbour
Sign up for my fortnightly newsletter (next newsletter 29th February 2016) Email Address *
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* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Can an employee claim victimisation as a result of association? This weeks' episode of the podcast features the case of Mr Thompson, a bus driver, against his employer the London Central Bus Company. Mr Thompson was subject to disciplinary action which he alleged was as a result of his association with other employees who had performed a 'protected act' under the Equality Act.
In this episode I will cover: * What the case was about * Why the outcome has potentially widened protection from victimisation * What forms of discrimination are covered by discrimination by 'association' * Why the case went to the Employment Appeal Tribunal * What the decision of the Appeal Tribunal was * What it means for Employers * What you need to do now
HR Best Practice Tip The HR tip of the week is about communication. It's not always about the volume of communication, but the method and thinking twice before sending that email!
Helpful Links Thompson v London Central Bus Company Ltd - Employment Appeal Tribunal
Employment Law & HR Update Event 22nd October 2015 at the Point, Eastleigh.
5pm for 5:30pm start
£4.75 per ticket
Get your ticket today as they are limited.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
What are the considerations for a fair conduct dismissal? In this episode of the podcast I tell you about a recent case decided by the Court of Appeal where an employee who was dismissed, for a breach of the employers new Health and Safety rules after 35 years employment, claimed that it was not fair and reasonable to dismiss him for the misconduct. The employee admitted what he had done but claimed that dismissal was not a reasonable sanction. The case is Newbound v Thames Water Utilities Limited.
In this episode you will learn * What an Employer should consider before dismissing an employee * The test that an Employment Tribunal will apply in a case for unfair dismissal * Why you should ensure that you apply consistent sanctions to employees with similar misconduct allegations * Steps you can take to reduce the risk of a claim for unfair dismissal * When you should seek advice for your business
HR Best Practice Tip The HR tip of the week is about getting the legal status with workers, self-employed persons and employees correct at the outset. Including why you need to analyse the full relationship to establish employment status.
It is important that you have a relevant agreement in place with your staff to deal with any problems should things go wrong in the future.
Podcast references To read the full Employment Appeal Tribunal judgement in the case of click here
New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.
(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)
Please vote for this podcast in the first ever UK Podcast Awards you can vote once a day until the 31st July 2015 using this link here
HR Harbour - A complete solution for Employers If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.
https://www.youtube.com/watch?v=2qSl87537J4
Sign up for a copy of the Recruitment Fact Sheet & Checklist Email Address *
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* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Can employees on sick leave carry forward holiday and for how long? In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee who was dismissed after almost 4 years on sick leave made a claim for accrued but not taken holiday for the previous 4 years. The case is Plumb v Duncan Print Group Limited.
In this episode you will learn * When an employee on sick leave accrues holiday * The circumstances in which an employee on sick leave can carry over holiday to a new leave year * How long an employee on sick leave can carry over holiday * What you should be aware of regarding holiday and sickness absence * What you can do to minimise issues * When you should seek advice for your business
HR Best Practice Tip The HR tip of the week is about ensuring that you can recover the costs of paying for external training or qualifications for your employees in the event that they leave your employment and take their skills elsewhere.
It is important that you have a relevant agreement in place with your employee to enable you to recover the training costs and that the agreement is in accordance with current legal guidance otherwise it will not be enforceable.
Podcast references To read the full Employment Appeal Tribunal judgement in the case of click here
New Media Europe Conference - 12th - 13th September 2015 at The Midland Hotel, Manchester - If you are interested in attending you can get £100 off the ticket price by clicking here and using the code REAL.
(please note that this is an affiliate link which means I will receive a payment from the organiser if you book a ticket with this link. It will not cost you any more to book using this link & as stated you will in fact get £100 off)
Please vote for this podcast in the first ever UK Podcast Awards you can vote once a day until the 31st July 2015 using this link here
HR Harbour - A complete solution for Employers If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.
https://www.youtube.com/watch?v=2qSl87537J4
Sign up for a copy of the Recruitment Fact Sheet & Checklist Email Address *
First Name
Last Name
* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
When can you dismiss an employee for failure to disclose misconduct in other employment? In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee was dismissed for failure to disclose misconduct after his employer found out about an allegation of misconduct in his other part-time job. The case is The Basildon Academies v Amadi.
In this episode you will learn * When an employee is obliged to disclose their own misconduct * Why it was unfair to dismiss an employee who failed to disclose allegations of misconduct * What the employer in this case could have done differently to justify a fair dismissal * What you can do to ensure your employees must disclose * When you should seek advice for your business
HR Best Practice Tip The HR tip of the week is about ensuring that your employment contracts are fit for purpose and the needs of your business. The featured case serves as a reminder that inadequate contracts can be costly for employers.
In particular with many regular changes to the law it is important to review at least annually. For example there has been a recent change to the use of zero hour contracts which makes it unlawful to include an exclusivity clause in a zero hour contract.
Podcast references To read the full Employment Appeal Tribunal judgement in the case of The Basildon Academies v Amadi click here
HR Harbour - A complete solution for Employers If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.
https://www.youtube.com/watch?v=2qSl87537J4
Sign up for a copy of the Recruitment Fact Sheet & Checklist Email Address *
First Name
Last Name
* indicates required
Please do not worry I will not send you spam!
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.