Employment tribunal equality claims

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Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

The following Commercial news provides comprehensive and up to date legal information on Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

Employment weekly highlights—15 April 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—15 April 2021

Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

The following Employment news provides comprehensive and up to date legal information on Equal pay: Supreme Court guidance on ‘common terms’ where comparator is at different establishment (Asda Stores v Brierley and others)

Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

The following Employment news provides comprehensive and up to date legal information on Holiday taken but unpaid cannot be carried forward for holiday pay claim (Smith v Pimlico Plumbers)

Featured Employment content

Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

Precedents

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

9th Nov

Practice notes

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

9th Nov

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Precedents

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

9th Nov

Most recent Employment tribunal equality claims content

Practice notes

Equality of terms claims: tribunal procedure

Similarities and differencesThe procedure for equality of terms claims, as all other tribunal claims, is governed by the Employment Tribunals...

15th Apr

Practice notes

Equal pay audits

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Apr

Practice notes

Burden of proof in equality claims

This Practice Note considers the two-stage statutory burden of proof test which applies to all prohibited conduct (ie discrimination) and equality of...

9th Apr

Practice notes

Prohibited conduct claims: injury to feelings and personal injury

Injury to feelingsDamages for injury to feelings are expressly allowed by the Equality Act 2010 (EqA 2010). Some award for injury to feelings will...

9th Apr

Practice notes

Prohibited conduct claims: time limits

STOP PRESS: An extension of the current three-month time limit for bringing Equality Act 2010 employment tribunal claims is among a number of...

9th Apr

Practice notes

Evidence in disability discrimination claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Prohibited conduct claims: assessing compensation

This Practice Note examines the assessment of damages in a prohibited conduct claim (discrimination claim) under the Equality Act 2010.Possible types...

9th Apr

Practice notes

Prohibited conduct claims: general financial loss

Tortious measure of lossThe proper measure of an award for financial loss in a prohibited conduct claim under the Equality Act 2010 is the same sum...

9th Apr

Practice notes

Equality of terms claims: time limits

The qualifying periodProceedings on:•a complaint relating to breach of an equality clause or rule•an application for a declaration as to the effect of...

9th Apr

Practice notes

Prohibited conduct claims: declarations and recommendations

This Practice Note examines the use of declarations and recommendations by an employment tribunal as remedies in a prohibited conduct (discrimination)...

9th Apr

Practice notes

Obtaining information for equality claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Equality of terms claims—jurisdiction, remedies and interest

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

Practice notes

Judicial College Guidelines (JC Guidelines)

The Judicial College G

9th Apr

Practice notes

Equality and Human Rights Commission

Statutory frameworkThe Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act...

9th Apr

Precedents

Claimant’s schedule of loss—prohibited conduct under the Equality Act 2010

In the employment tribunalsCase no: [Insert case number]Between:[Insert name of claimant]Claimantand[Insert name of respondent]RespondentClaimant's...

7th Apr

Precedents

ET1 grounds of claim—direct age discrimination

[Insert in para 8.2 of claim form ET1:]1The Claimant is 58 years of age and is employed by the Respondents as a branch sales manager.2On [insert date]...

22nd Mar

Precedents

ET1 grounds of claim—failure to make reasonable adjustments

[Insert in para 8.2 of claim form ET1:]1The Claimant suffers from diabetes, chronic depression and severe dyslexia, each of which conditions is a...

22nd Mar

Precedents

ET1 grounds of claim—indirect age discrimination

[Insert in para 8.2 of claim form ET1:]1The Claimant is aged 56 and is employed by the Respondent as an [IT supervisor].2In an attempt to increase the...

22nd Mar

Practice notes

Calculating pension loss in employment tribunal claims

UPDATE: The Presidents of the Employment Tribunals for England and Wales and for Scotland have issued their third addendum to their original...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 22nd Mar

Practice notes

Territorial extent and scope of the Equality Act 2010

Where a dispute or claim arises in respect of an employee who works wholly or partly abroad and/or has a foreign employer, two questions will need to...

Produced in partnership with Edward Kemp of Littleton Chambers 9th Mar