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A round-up of links to stories about employment tribunal rulings reported in the week beginning 8 April 2013, including a tribunal finding that a chef who has a serious allergic reaction when he comes into contact with all types of nuts has a disability and can proceed with his disability discrimination claim.

Chef with nut allergy can claim disability discrimination (on the Kidderminster Shuttle website) A chef has been told that he can go ahead with a compensation claim for disability discrimination against his employer - because he is allergic to nuts.


Employment tribunal decisions reported on XpertHR

Disability discrimination: tribunal considers when "learning difficulties" become a disability In Northern Ireland case O'Neill v Barnardo's and others NIIT/00201/12, the tribunal considered the dividing line between an individual having a learning disability and simply having difficulty with literacy or numeracy.


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A round-up of links to stories about employment tribunal rulings reported in the week beginning 1 April 2013, including the HMRC ordering two telecoms firms to pay £21,224.53 to 14 workers and £75,117.28 to 183 workers in national minimum wage arrears, as well as a £5,000 penalty each.

Telecoms firms ordered to pay £100,000 national minimum wage arrears (on the HMRC website) Two telecommunications companies have been ordered to pay wage arrears of almost £100,000 to 197 of their call centre telesales workers.


Employment tribunal decisions reported on XpertHR (see also: Three easy steps for line managers to integrate transferred employees and Podcast: TUPE)

TUPE transfers: catering manager's protests over stricter approach to working hours In Williams v Talkington Bates Midland Ltd, the employer had to deal with the common scenario of a transferred employee taking exception to being required to stick more strictly to contractual working hours.

TUPE transfers: different ways of working and new client types not substantial changes to working conditions In Donovan v JD Services HVAC Ltd and others, the employment tribunal held that a heating engineer whose new employer had different types of client and required him to do more of his own administration work did not suffer substantial changes to his working conditions to his material detriment after a TUPE transfer.


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A round-up of links to stories about employment tribunal rulings reported in the week beginning 4 March 2013, including an employment tribunal finding that a bagpipes instructor who taught part time at an independent school in Scotland is self-employed and not an employee.

Craigclowan School bagpipes instructor loses tribunal claim (on the Courier website) A bagpipes instructor who taught at a Perth independent school for more than 16 years has lost his bid to be given the same status as other members of staff.


Employment tribunal decisions reported on XpertHR

Race discrimination: chef's caste discrimination claim "doomed to fail" under Equality Act 2010 In race discrimination case Naveed v Aslam and another t/a Chilli Pink, the employment tribunal said that it could not interpret the Equality Act 2010 to cover caste discrimination when the claimant and alleged perpetrators are at different levels of the same caste.

Dress and appearance: requirement for male firefighter to have short hair not direct sex discrimination The employer in Holdsworth v Cleveland Fire Authority successfully defended a man's sex discrimination claim over the common issue of its dress and appearance code applying different rules to men and women.


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A round-up of links to stories about employment tribunal rulings reported in the week beginning 25 February 2013, including a kebab shop worker who was sacked for refusing to carry out a delivery after the end of his shift being awarded almost £4,000.

Tribunal rules Dundee kebab shop worker was unfairly dismissed (on the Courier website) A late-night Dundee kebab shop worker who was sacked for refusing to carry out a delivery after the end of his shift has been awarded compensation of almost £4,000.


Employment tribunal decisions reported on XpertHR

Drug testing: unfair dismissal of worker who tested positive for cannabis use This employment tribunal decision demonstrates some of the difficulties that can arise when employers require staff to undergo drug testing.


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A round-up of links to news items on employment tribunal rulings in the week beginning 4 February 2013, including a tribunal finding that Barnet Council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.

Unison wins landmark legal decisions for Barnet Council workers (on the Barnet Unison website) Barnet Council workers are set to receive compensation after the employment tribunal in Watford ruled that the council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.

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downarrow.jpgThe Ministry of Justice has published statistics on the Tribunals Service's caseload for the three months to 30 September 2012 (PDF format, 133K) (on its website), including numbers on employment tribunal claims.

From July to September 2012, employment tribunals received 45,300 claims in total, 13% more than in the same quarter of the previous year. The increase was as a result of the rise in multiple claims, particularly those associated with working time legislation. The number of receipts of multiple claims went up by 25%, while the number of single claims went down by 9%, continuing a downward trend.

Of the 77,100 jurisdictional complaints received from July to September 2012:

  • 35% were for unfair dismissal, redundancy and breach of contract;
  • 27% related to working time legislation; and
  • 15% were for unauthorised deductions from wages.

Photo: ePublicist

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A round-up of links to news items on employment tribunal rulings in the week beginning 19 November 2012, including payouts in Northern Ireland of £150,000 for religious discrimination and £27,000 for sexual harassment.

£150,000 payout for NI Water discrimination (on the UTV website) A man who was found to have been subjected to religious discrimination by the Department of Regional Development when he applied for the position of chairperson at NI Water has accepted £150,000 in compensation.

Conor Murphy will not apologise over discrimination case (on the BBC website) The former Sinn Fein Regional Development minister has said he does not owe an apology to a man overlooked for the job of chairman of NI Water.

Mini-skirt taunt sexual harassment victim awarded £27,000 (on the BBC website) A woman who suffered sexual harassment from her bosses has been awarded almost £27,000 by a Northern Ireland tribunal.

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A round-up of links to news items on employment tribunal rulings in the week beginning 5 November 2012, including an award of just over £57,000 for the unfair dismissal of a nurse who took a photograph of a patient's leaking colostomy bag as evidence of problems in a nursing home.

Nurse awarded nearly £60,000 over unfair photo sacking (on the BBC website) A senior nurse who was unfairly sacked by a north Belfast nursing home has been awarded £57,090 in compensation.

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A round-up of links to news items on employment tribunal rulings in the week beginning 29 October 2012, including MP Claire Perry being ordered to pay compensation to a former member of staff she made redundant.

MP Claire Perry ordered to pay compensation for unfair dismissal (on the BBC website) An MP has been ordered to pay compensation to a former member of staff she sacked from her constituency office.

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A round-up of links to news items on employment tribunal rulings in the week beginning 22 October 2012, including the news that the employment tribunal claims of two drama teachers who were dismissed for letting GCSE students perform a sexually explicit play will be reheard after the Employment Appeal Tribunal found the original decision to be "perverse".

Drama teachers sacked over sex abuse play (on the Daily Telegraph website) The employment tribunal claims of two drama teachers who were sacked for letting GCSE students perform in a play involving depictions of rape and child abuse will be reheard.

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