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Published 6 December 2018
This month has been fairly quiet for employment related news. Some unwelcome news for employers is that employment tribunal cases are on the increase, and while not at the level they were before fees were introduced in 2013, single claims doubled during the period April to June 2018 compared to the same period last year. The tribunal system is struggling to cope, and as a result there have been whisperings that some sort of fee regime may be re-introduced.
In terms of case law developments, the EAT have looked at another case on worker status.
We also look at an unfair dismissal claim which reminds employers of the importance of the trial period for alternative roles in redundancy situations. The scope of employers' jurisdictional defences in equal pay claims is also examined in the EAT.
We also cover a judgment in which the High Court held that an NHS Foundation Trust had not breached a consultant's contract of employment when it investigated its concerns about the consultant.
The EAT has upheld an employment tribunal decision that drivers working for Addison Lee were workers, and not genuinely self-employed contractors.
An employer’s failure to offer a contractual trial period was likely to mean that the employee’s dismissal was unfair.
The EAT has held that a “stable working relationship” can potentially be maintained where workers are promoted to different roles.
The High Court has held that the provisions of MHPS were not incorporated into a consultant's contract and that the Foundation Trust was not in breach of contract in the manner it investigated concerns about his clinical practice and working relationships
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