David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
John Bracken and Nancy Goldman-Edwards are trainee solicitors and Chris McAvoy, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In Cadogan Hotel Partners Ltd v Ozog EAT/0001/14, the EAT held that an employment tribunal had erred in awarding a claimant £10,000 for injury to feelings in a discrimination claim. The tribunal had incorrectly focused on the way in which the employer had dealt with the employee's complaint, which had not been the subject of the complaint, and had not been found to be an act of discrimination. The correct focus on the injury suffered by the claimant would have led to an award of £6,600.
The Employment Appeal Tribunal (EAT) has held that a tribunal was right to reject a claim where the claimant had not contacted Acas under the early conciliation procedure. While the claimant's reluctance to initiate the procedure was understandable, given that the claim involved allegations of sexual harassment, the claimant did not fall within any of the statutory exemptions.
The Employment Appeal Tribunal (EAT) has refused to allow a claim to proceed where it was submitted shortly before the time limit ran out, but rejected because of an incorrect early conciliation number being entered on the ET1. The claim was resubmitted, but outside the time limit.
A table listing the number of claims accepted by employment tribunals in 2013/14.
David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.
Latest XpertHR research looks at the impact of the new legal framework surrounding pre-termination agreements and examines when, why and how settlement agreements are used by employers to facilitate employee departures.
HR and legal information and guidance relating to employment disputes.