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draft: The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 - in force 06/04/12
Statutory Material - 10/02/12
Draft regulations increasing qualifying period of continuous service to be entitled to claim unfair dismissal (and written reasons for dismissal) from one year to two, where the continuous service commences after 6th April 2012
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draft: The Employment Tribunals Act 1996 (Tribunal Composition) Order 2012 - in force 06/04/12
Statutory Material - 10/02/12
Employment judges to hear unfair dismissal cases sitting alone from April 2012
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The Equality Act 2010 (Amendment) Order 2012 SI 2012/334 - in force 06/04/12
Statutory Material - 15/02/12
Amendments to Equality Act 2010 sec 147(5) to end uncertainty over compromise agreement provisions.
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Hibbert v Apple Europe Ltd - tribunal must weigh party's inability to attend and effect on fair trial when considering adjournment
Cases - Employment Appeal Tribunal - 24/01/12
Where a litigant's presence is needed for the fair trial of a matter, then, however inconvenient to it it may, be a tribunal must weigh in the balance that inability to attend (especially where it is for a good and genuine reason) and very often that will entail adjourning the hearing.
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University of Stirling v University & College Union - ending of fixed term contracts is not redundancy triggering consultation requirements
Cases - Employment Appeal Tribunal - 08/11/11
Dismissal at the end of a fixed-term contract, entered into by both parties in the full understanding that they were finite and involved no expectation of renewal or indefinite employment, constitutes dismissal for a reason related to that individual employee. Accordingly there is no requirement that, where 20 or more such FTCs are ending, the employer engages in the statutory (TULR(C)A sec 188) collective consultation applicable to a redundancy situation.
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Bull & Bull v Hall & Preddy - religious beliefs did not justify sexual orientation discrimination
Cases - Other - 10/02/12
The on-going conflict between respect for sexual orientation and respect for religious beliefs: hoteliers were not entitled, on the grounds of their religious beliefs, to refuse to accommodate a same sex couple.
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National Secular Society & Anor, R (on the application of) v Bideford Town Council - Council prayers unlawful, but NOT discriminatory
Cases - Other - 10/02/12
The saying of prayers as part of the formal meeting of a Council is not lawful under Local Government Act 1972 sec 111, and there is no statutory power permitting the practice to continue. However, if it were lawful, the manner in which the practice is carried out in the circumstances of Bideford does not infringe either Councillor Mr Bone's human rights nor does it unlawfully discriminate indirectly against him on the grounds of his lack of religious belief.
