The Employment Appeal Tribunal (“EAT”) has supported the view that compensation for discrimination claims is subject to a 10% uplift following the Court of Appeal’s decision in the case of Simmons v Castle. In Cadogan Hotel Partners Ltd v Ozog the employee brought claims of sex discrimination and harassment against the employer. The EAT held that there was no entitlement to a 25% uplift due to the employer’s failure to follow the ACAS Code as the grievance was not in writing. Where a grievance is in writing and an employer deals with the grievance unreasonably, Tribunals have a discretion to uplift a successful employee’s compensation by up to 25%. This was not the case here as the grievance was presented orally. The EAT therefore disagreed with the Employment Tribunal who had increased the award. The Employment Tribunal Judgment alluded to the fact that the resignation mentioned the complaints but the EAT held that this was wrong.
Small employers with less than 10 employees will be pleased to learn of the relaxation of obligations to inform and consult in respect of transfers taking place on or after 31 July 2014. These employers can now consult the employees direct provided there are no employee representatives already appointed. Previously employee representatives needed to be appointed. Now it will be up to an employer to prove that the exemption applies where there is a dispute.
This change is likely to be welcomed with open arms by employers.
There have been 15 data breaches by barristers and solicitors over the last three months which have sparked concerns over personal information resulting in a warning being issued by the Information Commissioners Office (ICO).
In Sunrise Brokers LLP v Rodgers the employer sought an injunction restraining its employee, Mr Rodgers from working elsewhere during his notice period and during the period in which his restrictive covenants applied. The employer also sought a declaration that Mr Rodgers was still employed by them.
In Dominique v Toll Global Forwarding Ltd the employee was disabled having suffered a stroke. The employee was the lowest scoring employee in the redundancy pool. He was dismissed. The employee appealed his dismissal and presented claims of unfair dismissal and disability discrimination in the Employment Tribunals.
Employees who are off sick for more than four weeks will be referred to a new Health and Work Service (the “Service”) from April 2015. The Service will produce a report to help the employee return to work. The aim of the Service is to tackle long-term sickness absence and assist employers in getting employees back to work.
You may be wondering how this is possible. Don’t worry we will enlighten you. Miss Hounda, a Nigerian national, was brought over to the UK at the age of 14 to work for Mrs Allen as a housekeeper/au pair. Ms Allen promised Miss Hounga the opportunity to be educated and to receive a wage of £50 per month. Ms Allen did not live up to her promises and over a period of two years, Miss Hounga was subjected to both physical and verbal abuse which resulted in her ejection from the house.