With the ability for employees to record meetings on their smart phones at the touch of a button, the use of covert recordings may become more prevalent. Gone are the days of needing dictaphones or other recording devices when nearly every smart phone is capable of an audible recording. We come across cases from time […]
Early conciliation on the horizon
On the 6th April 2014, there will be another big shift in employment law procedure as the new compulsory early conciliation through ACAS kicks off. Historically, if an employee wanted to bring a claim against their employer they would complete the relevant ET1 form and lodge this with the Tribunal. Changes were made last July […]
The death of the discrimination questionnaire?
On the 6th April 2014, the statutory discrimination questionnaire will be abolished. Currently, s138 of the Equality Act 2010 allows a person who thinks that they have been discriminated against to obtain information via a questionnaire in a prescribed format from their employer/prospective employer. The questionnaires cover discrimination, harassment and victimisation claims. Whilst the format […]
ACAS Guidance on TUPE
ACAS have issued guidance on the 2014 TUPE changes which is intended to assist to get to grips with the legal changes that came into effect on 31st January 2014. To many employers, TUPE presents as many challenging arguments as it does to lawyers. Despite it being in existence for many years now there are […]
Caste discrimination claims
The Employment Tribunal in the case of Tirkey v Chandok and another has allowed a claim for caste discrimination to proceed on the basis that the Equality Act 2010 already covers such discrimination. Caste discrimination is largely thought to be descent based as it is dictated by birth and cannot be changed. The definition of […]
What happens to flexi-time on termination?
The answer will lie in the contract of employment but the reality is that many employment relationships are not governed by a written contract so it can be difficult to determine what if anything was agreed between the parties. In the recent EAT case of Vision Events (UK) Ltd v Paterson the EAT overturned the […]