-
Ravat v Halliburton Manufacturing and Services Ltd - ET jurisdiction relies on strong connection between employment and Great Britain
Cases - Other - 08/02/12
It is not fatal to an unfair dismissal claim by an employee working abroad that they do not fall within one of the three exceptions set out in Serco v Lawson. That list is not exhaustive, but provides examples of the true test, which is whether the connection between Great Britain and the employment relationship is strong enough to conclude that Parliament must have intended that employee, in that situation, to be protected. In other words, is the connection strong enough to overcome the general (but not absolute) rule that the place of employment determines jurisdiction?
-
Osonnaya v Queen Mary University of London - costs can follow application to postpone, reasonable or not.
Cases - Employment Appeal Tribunal - 25/11/11
It is open to an employment judge to order costs against a party where it postpones a hearing at that party's request. There is no requirement that that party behaved unreasonably in making that request - unreasonable behaviour is a further, but separate, basis for a costs order.
-
Burke v The College of Law & Anor - competency standards, PCPs, and reasonable adjustments for disability
Cases - Other - 03/02/12
Court of Appeal upholds EAT - the time given to take an exam may be a "competency standard" rather than a "provision criterion or practice", and would not be deprived of such status by being adjusted. Nonetheless, where it has been adjusted to the maximum extent reasonable, this can be a factor in concluding that, overall, all reasonable adjustments were made for a disabled candidate.
-
Paw v HMRC - appeal to EAT is not confined to challenge against decisions of judges
Cases - Employment Appeal Tribunal - 23/11/11
Although an appeal to the EAT lies only a question of law, that is not confined to decisions of judges. It extends to any question of law arising from ongoing proceedings before an employment tribunal, including acts and omissions, unreasonable delay, allegations of bias, and other such matters.
-
Workplace Pension Reform: Completing the legislative framework for automatic enrolment
Consultation Papers - 01/02/12
The Department for Work and Pensions has published its response to the consultation on workplace pension reform regulations (including the NEST scheme), and guidance on certifying pension schemes.
-
Homeworkers: guidance for employers on health and safety
Other Official Documents - 08/02/12
New HSE guidance on home working reflecting new, relaxed requirements on employers
www.emplaw.co.uk
Part of the Nova group
Part of the Nova group
