Employment 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.
A case that was decided by the Employment Tribunal in regards to the issue of whether an employer was treated less favourably due to menopause symptoms.
This Employment Tribunal case illustrates why it is important for businesses to set out terms in writing in advance of someone starting work In this episode 213 of the podcast I bring you a summary of a case that was decided by the Watford Employment Tribunal in regards to the issue of the status of the aggrieved. The case is Guler v Newman Law LLP.
In this episode of the podcast we cover:
- Why businesses need to ensure that agreed terms are set out in writing at the outset.
- How the Employment Tribunal made a determination of Mr Guler's status.
- Why the Employment Tribunal decided that Mr Guler was a worker.
- The issues that can arise about status and remuneration if you do not set out the terms in writing.
Case Reference You can read the full judgement here: https://assets.publishing.service.gov.uk/media/64db5181c8dee400127f1c68/Mr_A_Guler_-v-Newman_Law_LLP-3304221-2022_-_Written_Reasons.pdf
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
An interesting case where there was no written requirement to tell the employer about bankruptcy
In this episode 197 of the podcast I bring you details of the case of Pubbi v Your-Move.co.uk heard by the Employment Appeal Tribunal dealing with unfair dismissal.
In this episode I cover:
- The facts of the case
- The decision of the employment tribunal
- Assessment of the reasonableness of the employers decision to dismiss
- Advice on the case
- Why employers need to be prescriptive of their requirements of staff
- Some alternative scenarios in this case
- The decision of the employment appeal tribunal
You can read the full judgement here:
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
Other resources available for you
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
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.
Step by step guidance on the Employment Tribunal Process
In this episode 195 of the podcast I bring you the fifth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This 5th episode is about the process of preparing and exchanging witness evidence. In this episode I cover:
- When you need to exchange statements.
- How to prepare witness statements.
- What witnesses to call.
- What you need to include in the witness statement.
- Why the word count in your witness statements is important.
- Why you need to consider the number of witnesses.
- When to make an application to the Employment Tribunal to extend the word count or increase the number of witnesses.
- What to consider if you want to compel a witness to attend.
- Why it is important to agree the time for exchange of statement.
Links you may find helpful:
Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
Free Template List : https://realemploymentlawadvice.co.uk/product/list-of-evidence-template-disclosure-in-the-employment-tribunal/
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
Other resources available for you
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
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.
Step by step guidance on the Employment Tribunal Process
In this episode 194 of the podcast I bring you the fourth in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This 4th episode is about the process of disclosure where you are required to share the evidence you have with the other party. In this episode I cover:
- Your legal obligation to provide documents that support and undermine your case.
- Why you have to provide documents that may help the other party's case.
- How to prepare and where you need to check for evidence.
- The type of evidence that you will typically have.
- How to prepare the list of documents.
- What you should do about redacting documents.
- Whether you need to disclose confidential or commercially sensitive information.
- What you need to do if documents are missing from the other party's list of evidence.
- Why you need to avoid a 'fishing expedition' in the disclosure process.
- What you should do about recordings of audio or video.
- What you should consider in regards to covert recordings.
- How to prepare the index for the final bundle of evidence.
- What evidence to include in the bundle for the final hearing.
- What to do if there is a dispute about the evidence to include in the final bundle for the hearing.
Free Template List : https://realemploymentlawadvice.co.uk/product/list-of-evidence-template-disclosure-in-the-employment-tribunal/
Links you may find helpful:
Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
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
Other resources available for you
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
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.
Step by step guidance on the Employment Tribunal Process
In this episode 193 of the podcast I bring you the third in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This third episode is about what happens at the Case Management or Preliminary Telephone Hearing:
- The purpose of the case management hearing.
- The preparation needed for the telephone hearing.
- Why it is important to complete the agenda supplied by the Tribunal.
- Why you should try to agree the agenda with the other party.
- What information you need to hand for the hearing.
- Why you need to know what your dates of availability are like, not just for a hearing but for the preparation required.
- The importance of understanding the case facts and which basis in law you are bringing your claims
- Why you should speak up if you do not agree or not understand something in the hearing.
- The importance of checking the paperwork from the Tribunal after the hearing.
- Why it is worth getting some legal advice at this stage of the process.
Links you may find helpful:
https://www.legislation.gov.uk/
Preliminary Hearing in the Employment Tribunal
Defending a claim in the Employment Tribunal
What are the consequences of failing to comply with an Employment Tribunal Case Management Order?
Making an Employment Tribunal claim against your Employer
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
Other resources available for you
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
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.
Step by step guidance on the Employment Tribunal Process
In this episode 192 of the podcast I bring you the second in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This second episode is about what happens after the claim and defence have been filed and includes:
- The different process that is likely to apply based on the type of claim.
- If it is a more complex case then it is likely the Tribunal will set a telephone case management hearing.
- What happens in simpler cases, such as straightforward unfair dismissal claims.
- The type of Order that the Employment Tribunal will make.
- Why it is important to check the dates of any hearings given by the Tribunal.
- The importance of contacting the Employment Tribunal asap if you or any witnesses are unavailable on the date that any hearing has been listed.
- The preparation required.
- Preparation of a schedule of loss.
- Disclosure of evidence.
- Agreeing the bundle of evidence.
- Why it is important to clearly note what is required and the date you must complete it by.
- Why you must adhere to the dates set by the Employment Tribunal.
- What you should do if you cannot complete the work required by the date set.
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
Other resources available for you
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
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.
Step by step guidance on the Employment Tribunal Process
In this episode 191 of the podcast I bring you the first in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This first episode is about starting the claim process and includes:
- ACAS Early Conciliation process
- Why you need to obtain a certificate from ACAS
- When an employer may not know that an employee has started the claim process via ACAS
- How to file an employment tribunal claim
- What you need to include in your claim
- What happens after you have made a claim
- When you will receive a copy of the claim from the Employment Tribunal
- How to complete your defence to a claim
- Methods of submitting your defence
- The importance of acting quickly and not delaying in filing the defence.
- The time limit of 28 days for filing the defence with the Employment Tribunal
- What to include in your defence
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
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.
In this episode 173 of the podcast I continue the series about dealing with capability and performance issues with staff. With what I am calling, the ‘Covid effect’, there may be more issues arising with employee attitudes and performance at work, particularly as staff return from long term furlough.
In my experience employers and managers find it very difficult to know how best to approach capability and performance issues. It is not the same as a conduct issue which can be fairly straightforward to follow a disciplinary process. Capability procedures are more involved and can have a variety of issues that arise as a result.
This is the last episode in the mini series and in this episode I am bringing you some case examples decided by the Employment Tribunal.
In this episode of the podcast I cover:
- The key points that an Employment Tribunal will look at to establish if a capability dismissal is fair.
- The steps that you need to ensure you follow if you are going to dismiss an employee for performance reasons.
- Cook v Department for Education - London Central Employment Tribunal - November 2016.
- Hoggins V Recruitment Solutions (Services) Limited - Reading Employment Tribunal - August 2017
- Adomako-Mensah v HMRC - London Central Employment Tribunal - August 2019
- Crotty v SMRS Limited - Manchester Employment Tribunal - January 2020
- James v Waltham Holy Cross UDC [1973] ICR.
- Alidair v Taylor [1978] ICR 445.
- Why it can be costly to get the process wrong.
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
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.
In this week's episode of the Podcast I am pleased to say it is a break from furlough and covid related news. When you make a claim in the tribunal or if you defend a claim you need to set out in writing the details of your claims or defence. In this episode I bring you some useful tips on making or defending a claim in the Employment Tribunal following a recent decision of the Employment Appeal Tribunal.
In this episode I will cover:
- What the case of C v D UKEAT/0132/19/RN says about making a claim and keeping it brief.
- Some tips on making your case.
- Some tips on preparing your defence.
- Why my colleague got a ticking off from the Employment Tribunal after the judgement in the C V D case.
You can read the full judgement in the C V D case HERE
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 £198 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 or 023 8098 2006
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.
Unfair Dismissal Cases from the Employment Tribunal In this episode of the podcast I have reviewed a couple of employment tribunal decisions which have been published on the government website. It is a great way to get an understanding of what the Tribunals around the country will consider when looking at a claim for unfair dismissal. In this episode I will cover: * Decision of the Tribunal in a misconduct case: Miss Helen Evans v Llanishen Fach Primary School * Decision of the Tribunal in a redundancy dismissal case: Mrs JM Hockenhull v David Lewis Centre * A reminder of the 'Polkey' rules when compensation is reduced where the Employer has failed to follow a fair procedure but the result would have been the same. * Decision of the Tribunal in a misconduct case: Mr D Maguire v Department for Work and Pensions * The surprising number of unfair dismissal cases being withdrawn or struck out as the employee did not have the required two years continuous employment. * A useful tip about preparing witness evidence. * A decision where the Employer was awarded some of their costs.
Action Points 1. It is a useful exercise for those who are decision makers in disciplinary cases or HR professionals to have a read of some of the Judgements available: https://www.gov.uk/employment-tribunal-decisions 2. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter. 3. If you do not have the time to read Judgements and stay on top of the law why not hire a professional who is specialist in this area: https://www.realemploymentlawadvice.co.uk/employment-law-support/
Useful Links https://www.gov.uk/employment-tribunal-decisions
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
What happens when an employee makes a claim against you in the Employment Tribunal? In this episode of the podcast I summarise the process that occurs after an employee sends their claim form to the Employment Tribunal and what you will need to consider as an employer defending a claim. In this episode I will cover: * The first notification stage - when you will find out if there is a claim against you; * The time limit for returning your defence; * How the Tribunal issue directions for preparation; * The type of preparation required; * The timing for preparation in advance of the final hearing.
Action Points 1. If you receive a claim form or notification from the Tribunal do not delay; 2. Seek advice and ensure that you meet the Tribunal deadlines and timetable.
Useful Links ACAS Early Conciliation explained: Episode 3
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 my fortnightly newsletter Email Address *
First Name
Last Name
- indicates required
Please do not worry we will not send you spam!
We only use your email address for the purpose of sending you our fortnightly newsletter.
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