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Vento bands increase

The Presidents of the Employment Tribunals in England and Wales and Scotland have issued an update to the Vento guidelines, setting out new bands as adjusted for inflation.
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Vento bands increase

Employers to be named and shamed for non-payment of Employment Tribunal awards

The Department for Business, Energy and Industrial Strategy (BEIS) has launched a naming scheme for employers who fail to pay employment tribunal awards. The naming scheme was recommended in 2017 by the Taylor Review of Modern Working Practices. All tribunal awards registered with BEIS on or after 18 December 2018 and over £200 in value are in scope of the scheme. The naming scheme will run alongside the BEIS penalty scheme for unpaid tribunal awards (established in April 2016).
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Employers to be named and shamed for non-payment of Employment Tribunal awards

Food for thought: Employment Tribunal to consider whether ethical veganism is protected under discrimination legislation

In March 2019, an Employment Tribunal will decide for the first time whether ethical veganism is a "philosophical belief" under one of the nine protected characteristics covered by the Equality Act 2010, namely "religion or belief".
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Food for thought: Employment Tribunal to consider whether ethical veganism is protected under discrimination legislation

Employment Tribunal not bound by list of issues that miscategorises claim

In the recent case of Saha v Capita plc the Employment Appeal Tribunal (EAT) held that an Employment Tribunal (ET) is not compelled to rely on a list of issues that wrongly categorises the claim to be heard.
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Employment Tribunal not bound by list of issues that miscategorises claim

Disciplinary investigations: Common sense and even-handedness should prevail

In the recent Employment Tribunal (ET) case of Ball v. First Essex Bus Limited, the claimant, a 60-year-old bus driver who suffers from diabetes, has been successful in his unfair dismissal claim. He persuaded an ET that his dismissal for being under the influence of cocaine whilst on duty was both substantively and procedurally unfair. The claimant had failed a random drug test.
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Disciplinary investigations: Common sense and even-handedness should prevail

Context is key in claims of harassment

In the recent case of Evans v. Xactly Corporation Limited the EAT considered whether calling an employee a "fat ginger pikey" constituted harassment relating to disability and/or race. In the particular circumstances of this case, the EAT held that it did not.
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Context is key in claims of harassment

Employers can be vicariously liable for the violent conduct of their employees outside work

In Bellman v Northampton Recruitment Limited (NRL), the Court of Appeal decided that NRL was liable for its Managing Director drunkenly assaulting another employee at an "impromptu" drinks event after a work Christmas party. There was a sufficient connection between the Managing Director's employment and the assault. This is an important case for employers to be aware of in the run-up to the Christmas party season.
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Employers can be vicariously liable for the violent conduct of their employees outside work

Five-fold rise in workers taking their employers to tribunals

The number of workers in Scotland taking employers to task in the Employment Tribunal over unfair pay and conditions has seen a five-fold increase after controversial Employment Tribunal fees were scrapped. The fee regime, which saw employees paying up to £1,200 to pursue a case, was scrapped in July last year following a Supreme Court ruling that the charges were unlawful. Current UK government figures show equal pay cases accounting for the bulk of claims – an increase of 360%. Unfair dismissal claims also increased by 84% over the period, while sex discrimination claims went up by almost 50% and disability discrimination claims increased by 100%.
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Five-fold rise in workers taking their employers to tribunals

Employment Tribunal (ET) quarterly statistics published

In September 2018, the Ministry of Justice (MOJ) published its quarterly (April-June 2018) ET statistics. The statistics reveal that the number of single claim cases have more than doubled - up 165% to 10,996 compared to the same quarter in 2017. The number of multiple claim cases have increased by 344% to 42,700 compared to the same quarter in 2017. The trajectory of claims increasing continues from earlier this year (January-March 2018) – where single claim cases increased by 118% and multiple claim cases increased by 40% compared to the same quarter in 2017.
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Employment Tribunal (ET) quarterly statistics published