Archives / 2012 / April
  • Etiquette’s of an Employment Tribunal

    Tags: Employment Tribunals, Employment Tribunal Rules, Employment Law

    Very recently I was at the employment tribunal and very embarrassingly (for me) realised my client was not aware of the etiquettes of the tribunal. So I thought I would write a short blog post to help parties understand the rules of the tribunal (though please act with caution as they can differ from tribunal to tribunal):

    When the tribunal panel enters and exits a room, stand up, and wait for permission to sit down or leave (unless informed otherwise at the outset of the hearing).

    If you are a Claimant never leave the room without requesting an adjournment (witnesses can leave quietly for rest breaks).

    When you are answering questions, try and keep an eye on the tribunal panel, if they are writing something down slow down to ensure they have made an accurate note of your answer. … more

  • What challenges does social media present for management

    Tags: Unfair Dismissal, Social Media, Employment Law

    Employers are increasingly facing challenges in respect to dealing with employee’s and social media such as Facebook, Twitter and YouTube: especially as more and more industries trial the implementation of social media into their marketing plans.

    As a solicitor, only yesterday did I attend a course on how social media works, how it should be used and implemented into my marketing strategy. So no doubt given the financial climate, many of us will be using it as a more cost effective way to connect with likeminded people and professionals we would like to do business with (on a reciprocal basis if possible).

    So what do employers have in place to ensure that social media can be used safely in their business? There has been some case law and ACAS guidance which helps and assist … more

  • Employment law changes from 6 April 2012

    Tags: Unfair Dismissal, Employment Tribunals, Employment Law Reforms, Qualifying Service Requirement, Employment Law

    From 6 April 2012 the following employment law changes took effect:

    1. The continuous service requirement for employees starting jobs on or after 6 April 2012 will increase to two years for unfair dismissal claims. Employees who started before 6 April 2012 will remain under the old regime, a years service. We are unlikely to see the true effect of this rule change until 6 April 2013.

    2. Judges will be allowed to sit alone on unfair dismissal claims, where there are no complaints of discrimination or any other detriment. It is likely that all single issue, unfair dismissal claims will be listed to be heard by a single judge. Parties can however, make an application, for members to be present. Unsurprisingly, judges can decide they need their lay members (the trade union and HR … more

  • Discrimination on the grounds of pregnancy/maternity leave

    Tags: Employment Tribunals, Discrimination, Pregnancy Discrimination, Maternity Discrimination, Employment Law

    This week while preparing to defend a claim for discrimination on the grounds of pregnancy/maternity I re-read the interesting case of Johal –v- Commissioner for Equality and HR UKEAT/0541/09/DA where the EAT held (after examining a number of important discrimination cases) that the Claimant had not been discriminated or treated less favourably on the grounds that she was on maternity leave when her employer failed to inform her of an internal role, the real reason was that there had been an administrative error. The EAT set out that the question a tribunal has to decide is “Why did the employer dismiss her?”. The case was decided in respect to the Sex Discrimination Act 1975 however the principles are likely to be applicable to the Equality Act 2010. So business owners … more


  • How To Manage Workplace Relationships

    Tags: Sex Discrimination, Victimisation, Sexual Harassment, Employment Law, Human Resources, Valentine's Day, Workplace Relationships, Romantic Relationships

    With Valentine’s Day making February the month for romance, this month we take a look at some of the potential risks to employers when romance blossoms amongst employees and the steps that can be taken to address these.

    Why Should An Employer Be Concerned About Its Employees Forming Romantic Relationships In The Workplace?

    Romantic relationships between employees in the same organisation can expose the employer to a number of legal risks. These are most likely to arise when one employee is pursuing another to start a relationship or, even more so, when the relationship breaks down. The most obvious legal risks are as follows:

    Sexual Harassment

    This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more


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