Employment tribunals in Scotland to become part of the First-tier Tribunal?

by Laurie Anstis on January 28, 2016

The Scottish Government has published a draft order in council concerning the post-devolution position of employment tribunals in Scotland.

The draft order proposes that the employment tribunal in Scotland will become part of the First-tier Tribunal. It also makes provision for determining jurisdiction as between the employment tribunal in Scotland and those in England and Wales. This is likely to be particularly significant given the stated position of the Scottish Government to abolish employment tribunal fees.

Consultation on the draft order closes on 24 March 2016.

Call for evidence on internal recruitment in the public sector

by Laurie Anstis on January 26, 2016

BIS has launched a call for evidence on what they are calling “closed recruitment practices in the public sector” – that is, vacancies that are advertised to internal applicants only.

The call for evidence acknowledges that “There are a number of possible reasons an employer may choose to use internal-only recruitment. Advertising to attract and sift external candidates carries costs, and may take longer. Some employers will prefer to avoid these eventualities and run an internal recruitment. Internal recruitment could also help employers develop career progression routes for their staff. In some circumstances it may reduce redundancy and other staff costs.” but goes on to say that “employers using internal-only recruitment risk missing out on better candidates“.

The call for evidence goes on to suggest three possible approaches that could be taken to internal-only recruitment – publication of statistics, a cap on the proportion of roles that can be internal-only and an outright ban on internal-only recruitment.

The latter option raises the interesting prospect of employment tribunal claims from external candidates who might claim that internal candidates have been unfairly favoured.

The call for evidence closes on 15 April 2016.

TUPE transfers and joint employers

by Laurie Anstis on November 6, 2015

In Hyde v Layton, the employee was employed to carry out maintenance on homes by Martlet Homes Limited. Following a complicated series of transactions, he became employed to do the work on a joint and several basis by Marlet Homes Limited and several other companies within the same group, for whom he also carried out maintenance work.

The EAT had to decide whether this amounted to a TUPE transfer. Read the rest of this entry »

Criminal charges for failure to notify the government of collective redundancies

by Laurie Anstis on October 15, 2015

A couple of years ago I wrote a post about criminal offences that could be committed by a HR manager in the course of their work.

The first of these was failing to notify the Secretary of State of plans to make 20 or more people redundant, under s194 of the Trade Union and Labour Relations (Consolidation) Act 1992.

It is sometimes overlooked that in collective redundancy situations, as well as informing and consulting with employee representatives, an employer has to notify the Secretary of State (using form HR1, available here). Read the rest of this entry »

Making employment tribunals work for all

by Laurie Anstis on September 7, 2015

There is a need for change in the employment tribunal system.

Following the introduction of employment tribunal fees, claims are down by 75-80%. Employees are left without redress for serious injustices, but employers continue to complain of vexatious claims and the cost of defending claims. The overlapping jurisdiction of the employment tribunal and courts in breach of contract matters leads to difficulties over the appropriate jurisdiction for a claim. There has been no thorough review of the system since industrial tribunals were established in the late 1960s. Read the rest of this entry »