Practical Law

As most employment lawyers will testify, whistleblowing claims are easy to allege, but hard to prove and even harder to win. Much of this difficulty stems from the fact that, in my experience, whistleblowing claims are often not properly analysed prior to lodging the ET1. This results in: A failure to make an informed decision … Continue reading Analysing and pleading whistleblowing claims following the Court of Appeal’s decision in Kilraine →

If there is something that employment lawyers can be sure of in the uncertain world of employment law, it is that attempts to prescribe dispute resolution procedures only generate further dispute. That was the fate that befell the statutory disciplinary and grievance procedures that were unceremoniously axed in 2009. The Acas early conciliation (EC) procedures … Continue reading Clocks and compliance: recalculating time limits for early conciliation →

On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of “judicial assessment“. Are such assessments likely to add anything to the employment lawyer’s toolkit for resolving disputes? Or are they likely to become another footnote in the history of tribunal practice, initially heralded … Continue reading Judicial assessments: more new clothes for the emperor? →

Disability-related sickness absence is a perennial source of anxiety for employment lawyers, managers, human resources professionals, trade union representatives and employees. What does the law require when an employee is thrust into absence management procedures by virtue of absences caused by a disabling condition? How much leeway should be requested or granted? How should such a … Continue reading The implications of the Court of Appeal’s decision in Griffiths on disability-related absence claims →

PCPs seem to strike fear in the heart of even the most seasoned employment practitioner. “Producing Complete Panic” would be more apt.

Since the introduction of the 2013 Rules of Procedure I have found that employment tribunals are more prepared to conduct hearings by electronic communication; in particular by telephone. This extends not just to case management (for which telephone hearings have always been a frequent occurrence) but also to the determination of preliminary issues. There have … Continue reading Telephone hearings: pitfalls and preparation →