by Laurie Anstis on February 26, 2014
Last year I wrote about the problem with section 108(7) of the Equality Act 2010, which appeared to suggest that victimisation after employment ended was not covered by the Equality Act. This resulted in two contradictory decisions of the EAT on whether such victimisation was prohibited by the Equality Act.
The Court of Appeal has now given judgment in the case of Jessemey v Rowstock. Lord Justice Underhill, giving the lead judgment, held that although “on a natural reading of the relevant provisions … post-termination victimisation is not proscribed … once the proper contextual materials are considered it seems … equally clear that that is not the result which the draftsman intended” (paras 28 and 29).
His Lordship went on to hold that this error could be corrected by the courts, both by reference to EU law and under the principles of interpretation of domestic law which applied where there was an obvious drafting error. Accordingly he concluded that “post-termination victimisation is proscribed by the 2010 Act“.
by Laurie Anstis on February 21, 2014
Brian Doyle has been appointed President of the Employment Tribunals (England and Wales).
Judge Doyle (as he will be known) is currently the Regional Employment Judge in Manchester. His appointment takes effect on 1 April 2014.
by Laurie Anstis on February 18, 2014
The Senior President of Tribunals has published his annual report for 2014 (pdf).
The sections dealing with the Employment Appeal Tribunal and Employment Tribunal start at page 63. Some notable points from the reports of the respective Presidents are: Read the rest of this entry »
by Laurie Anstis on February 17, 2014
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2014 have now been published.
These make changes to the employment tribunals’ rules of procedure to accommodate early conciliation and financial penalties, and make a handful of technical corrections to the rules.
They come into force on 6 April 2014, with exceptions during the transitional period for early conciliation up to 6 May 2014.
by Laurie Anstis on February 14, 2014
Statutory instruments have been published confirming the introduction of financial penalties in the employment tribunal on 6 April 2014, and setting out the rules for early conciliation.
The transitional provisions on early conciliation are not easy to follow, but seem to suggest that early conciliation will start on an optional basis from 6 April and will only be compulsory for tribunal claims presented on or after 6 May.
I cannot find any specific transitional provisions on financial penalties, making it possible that they apply to all awards made on or after 6 April, rather than claims started on or after 6 April. However, the online version of the commencement order seems to be missing article 6 (referred to in article 3 but not included in the online version). This might contain further transitional provisions. [Update 14/02/2014 - Mark Tarran has pointed out that section 24(5) of the Enterprise and Regulatory Reform Act 2013 says that there will be no financial penalties in cases presented before financial penalties come into force.]
Thanks to Craig Gordon, who spotted these.