Caste discrimination

by Laurie Anstis on December 19, 2014

In Chandok v Tirkey the EAT has for the first time considered whether caste can fall within the protected characteristic of race for the purposes of the Equality Act.

Langstaff P expressly disavowed the creation of any new general point of principle in his judgment, saying “My focus has been on the appeal in this particular case, in its particular circumstances: I have not seen my role as being to resolve academic disputes, and establish more general propositions, of no direct relevance to the case in hand.

He found that “there may be factual circumstances in which the application of the label “caste” is appropriate, many of which are capable – depending on their facts – of falling within the scope of section 9(1) [race discrimination],  particularly coming within “ethnic origins”, as portraying a group with characteristics determined in part by descent, and of a sufficient quality to be described as “ethnic”“. Read the rest of this entry »

New holiday pay SI now published

by Laurie Anstis on December 19, 2014

The Deductions from Wages (Limitation) Regulations 2014 have now been published, with an intended implementation date of 8 January 2015.

Regulation 2 applies the new two year limitation period only to the first category of deductions from wages under section 27(1) of the Employment Rights Act 1996, which is “any fee, bonus, commission, holiday pay or other emolument referable to … employment”. The various other categories of deductions (from (s27(1)(b)-(j)) are not caught by this limitation. Regulation 4 provides that regulation 2 only applies in respect of claims submitted on or after 1 July 2015. Read the rest of this entry »

Holiday pay back pay claims to be limited to two years

by Laurie Anstis on December 18, 2014

The government has announced today that it is introducing regulations to prevent holiday pay claims from stretching back more than two years.

According to the announcement:

“Changes made to regulations under the Employment Rights Act 1996 will mean that claims to Employment Tribunals on this issue cannot stretch back further than 2 years.

Workers can still make claims under the existing arrangements for the next 6 months which will act as a transition period before the new rules come into force. The changes apply to claims made on or after 1 July 2015.”

Draft regulations will shortly be published. It remains to be seen whether this limit will apply to all unlawful deductions from wages claims, or just claims for holiday pay. The notes to the announcement appear to suggest it could apply to all unlawful deductions from wages claims.

[Update 19 December 2014: The new regulations have now been published.]

High Court dismisses second application for judicial review of employment tribunal fees

by Laurie Anstis on December 17, 2014

The High Court has today dismissed the second application by Unison for judicial review of the employment tribunal fees regime.

The full judgment is now available online here. Unison have been granted leave to appeal, and have issued a statement saying they intend to appeal.

Employment tribunal fees judicial review judgment expected tomorrow

by Laurie Anstis on December 16, 2014

The cause list for the Royal Courts of Justice shows that judgment in the second Unison judicial review of employment tribunal fees will be handed down tomorrow, 17 December, at 10 am.