Employment-related claims- procedure and form

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 … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

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 … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

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 … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

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 … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace flexibility and family-friendly rights

UK: Discrimination – burden of proof ruling highlights need for employers to present positive case

In Efobi v Royal Mail the EAT has ruled that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case: it is for the tribunal at the end of the hearing to consider … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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 … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

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 … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK

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 … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Asia

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 … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Asia, Workplace Health and Safety

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: Australia