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Employment Newsletter

Employment Newsletter

Welcome to the latest roundup from our barristers at 42BR Barristers Employment Practice, with the latest news and unique insights from our team.

Nick Singer – New Justice Minister – keep an eye out for anything about Employment Tribunal fees As you’ll recall David Liddington, the previous Justice secretary, said the government intended to reintroduce Employment Tribunal fees. He has now been replaced by David Gauke, a former solicitor. Hopefully he’ll therefore have a good sense about… Read more

Nick Singer – New holiday pay claim The ECJ has ruled in favour of the worker in the much anticipated Sash Windows holiday pay claim. In short it held that EU law requires that a worker knows that s/he is going to be paid before he takes leave. Moreover it found that a worker can… Read more

Nick Singer – Promoting positive mental health in the workplace Below is linked a useful guide, just published by ACAS, on promoting positive mental health in the workplace. Aside from the obvious economic and morale benefits, employers who follow good practice, will find themselves better placed to defend… Read more

Tim Adkin – Court of Appeal uses Presidential Guidance as part of justification for tripling award for injury to feelings The decision of the Court of Appeal in Durrant v CC Avon & Somerset No. 2 [2017] EWCA Civ 1808 appears to be the first authority to consider the Presidential Guidance on injury to feelings, and confirms that discretion may be used to apply the… Read more

Iris Ferber – Deliveroo drivers are not workers … says the Central Arbitration Committee. Not an ET case, but interesting nonetheless. The union argued that Deliveroo’s riders and drivers were workers, entitled to the rights that worker status provides. The company said its… Read more

Iris Ferber – Is colour blindness a disability? Well, it depends – but probably not, without more.  In an ET decision just published, a claimant, Mr Bessell, was held not to be disabled by reason of his colour blindness. The judgment is a good read: if you’ve ever wondered how people who… Read more

Nick Singer – Report on discrimination during maternity Maternity Action has released an interesting and troubling report about unfair and discriminatory redundancies made during pregnancy or maternity leave. Well worth a read. Full report is here: – … Read more

Iris Ferber – Want more holiday? Quit smoking. As I sit on a very long train journey home, at the end of a very long week, I ponder the many hours I spent (wasted?) smoking cigarettes as a teenager. It felt very productive at the time, but as it turns out, UK businesses lose £8.4bn each… Read more

Nick Singer – Are Employment Tribunal fees coming back?!? The Justice Secretary, quoted below, recently told a Select Committee that it was government policy to reintroduce ET fees. It appears that the government still believe in the principle of fees, but feel a better balance needs to be found between… Read more

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