UK: Supreme Court confirms the limited scope of state and diplomatic immunity from employment claims

In two judgments handed down on 18 October 2017, the Supreme Court (the “Court”) has allowed certain employment claims made by foreign nationals employed as domestic workers at the embassies of foreign states and a diplomat’s residence to proceed despite claims of immunity. The judgments consider important aspects of state and diplomatic immunity, the differences … Read more

UK: Government rolls out scheme for refund of tribunal fees

The Government has published its scheme for refunds of tribunal and EAT fees following the successful judicial review of fees (see post here).  The scheme is open to both claimants and respondents who paid a fee, but does not cover payments under a settlement agreement.  Details are available here. Read more

UK: The UNISON tribunal fees ruling – has Lord Reed opened the floodgates?

There has been considerable speculation as to the likely effects of the Supreme Court’s decision in R (on the application of UNISON) v Lord Chancellor to declare invalid the Government’s system of tribunal fees. Given the cogent evidence presented by UNISON that this system of fees had resulted in a marked fall in the number … Read more

UK: New Resources

New presidential guidance has been issued in relation to how employment tribunals should calculate pensions loss and awards for injury to feelings in discrimination cases, available here. There are three bands for injury to feelings, with a usual minimum of £800 and maximum of £42,000 (save for exceptional cases); these will be reviewed in March … Read more

UK: Recent Alternative Dispute Resolution review

Peter Frost, Partner and Head of Employment Disputes, recently contributed a review to David Liddle’s influential publication, Managing Conflict: A Practical Guide to Resolution in the Workplace. Peter praises Liddle’s approach to conflict in the workplace and describes the book as a ‘radical resource’ on conflict management. Read more

UK: Supreme Court rules tribunal fee regime is unlawful

The Supreme Court has this morning handed down its judgment that the fee regime introduced for Employment Tribunal and Employment Appeal Tribunal claims in July 2013 is unlawful under both domestic and EU law as it has the effect of preventing access to justice.  The relevant Fees Order is quashed and fees will cease to be … Read more

Hong Kong: How far does the Labour Tribunal’s duty to investigate extend?

Two recent Court of First Instance decisions in Hong Kong – Fung Tsun Tong v A Link Network (HK) Ltd (Fung Tsun Tong) and Vermeerbergen Peter Alfred v Swisstribe Ltd (Vermeerbergen) – explored the nature and extent of the Hong Kong Labour Tribunal's inquisitorial role in employment disputes. In doing so, the court made it … Read more

Singapore: Tripartism Updates

Labour policy in Singapore has long been handled collaboratively by the Government, employee unions and employers in what is known as the tripartism movement. This movement has now been formalised through the setting up of a corporate body, Tripartite Alliance Limited (TAL), which will subsume the Tripartite Alliance for Fair and Progressive Practices (TAFEP) as … Read more