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Race case against spy base GCHQ settled before employment tribunal

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  • Most employers understand the importance of fostering good working relationships with their employees, but things can and do go wrong in certain circumstances. Where an employee feels that the employer has acted unfairly, they can take their employer to a Tribunal. The Industrial Tribunals and the Fair Employment Tribunal in Northern Ireland (IT/FET) are like courts and operate in a similar way, however the rules on timing with work disputes are quite strict as usually you must apply to the tribunal within three months of either finishing your job or the problem occurring at work. Before you consider taking your employer to the IT/FET, you must firstly try to resolve the dispute internally with your employer which may include a grievance or an appeal against a decision taken by your employer. In England & Wales, you must also now enter into Early Conciliation through ACAS and if this doesn’t work, ACAS will provide you with a certificate to send to the Employment Tribunal when you submit your claim. Early Conciliation does not eat into the three month deadline, however, as any time taken during Early Conciliation negotiations is added back on if the process is unsuccessful. Before commencing your claim, it is important to get legal advice to ensure that your claim has merit and that your employer did act outside of the law. If not, you may have paid fees or legal costs that you cannot get back. If you win your claim you can ask the Tribunal to order your employer to pay any fees and costs which you have incurred, however, they may not make that order. If you settle before hearing, it would be sensible to negotiate payment of any fees and costs as part of your settlement. The first step is to complete the ET1 Claim Form. This can be done online or via a paper form. It should be sent to the Tribunal and in England & Wales it should be processed with the payment of your fees. These fees do not apply in Northern Ireland. Your employer is given 28 days from receipt of your claim form to respond and if they don’t, the judge may decide your case without any hearing at all. Where your employer does respond, you may be asked to attend a meeting with the judge to decide the date and time of the hearing and how long it will last. In England & Wales, there is an additional fee to be paid for a case that goes all the way to a hearing and your specialist employment lawyer will ensure that they have all the documentation and witnesses they need to proceed with the hearing on your behalf. Your specialist employment lawyer will speak for you at the hearing and on completion you will be advised of the outcome or following the hearing in the post. If you win your employer may need to give you your job back and/or will have to pay you compensation. If you lose, you can appeal the decision in certain circumstances or ask the tribunal to review the case again. In these circumstances, your employment lawyer will give you advice on what to do next. For more information about this article or any aspect of our employment & equality law solutions, please call Colin Foote on 0845 834 0840 (there is no charge for initial telephone discussions).
  • Uber challenges UK court case on drivers’ rightsUber appealed before a British employment tribunal on against a ruling that would give its drivers official worker status, as the company also battles against a threatened ban in London. The landmark case brought by two Uber drivers could have far-reaching implications for people employed in Britain’s “gig economy”, many of whom complain about precarious working conditions and low pay. The US…View On WordPress
  • California Employment Trial Lawyer California Employment Trial Lawyer May Lose But Is Not Defeated. California employment trial lawyer Carney Shegerian has made a reputation as a top trial lawyer for the Plaintiff employee in the last 5 years.  His approach has been simple:  try every case worth trying.  When the case is good, don’t waste time negotiating a subpar settlement.  Mediation is out of the question when the result could… View On WordPress
  • Since their introduction last year, fees for the use of the Employment Tribunal service have proved controversial, with the trade union Unison even challenging the introduction of these fees in the High Court, but one year on, what has been the real impact of these fees? The government implemented the Employment Tribunal fees in England & Wales to try to reduce the numbers of supposed “spurious2 claims being presented and introduced a two tier fee system depending on the type of dispute you were bringing against your employer. If you are bringing a claim for unpaid wages or similarly more straightforward claims the fee is £390 and for more complex claims such as unfair dismissal, the cost is £1,200 if they go all the way to a hearing. The impact of these fees on the number of claims has been dramatic. Sex discrimination claims have fallen by a staggering 90%, closely followed by a 74% reduction in unfair dismissal claims and unfair wage deductions. However, this is not the full picture. Early conciliation was introduced this year meaning that all claims have to go through mediation before heading to the Employment Tribunal, but this new process cannot explain this sharp fall in these types of cases. There is the very real danger that workers are being priced out of making a genuine claim and as a result, there is a failure in access to justice for everyone regardless of their income. So what does this mean for you if you think you have a genuine claim against your employer where you are employed in England or Wales? Does this new system offer fair protection for employees or just offer protection for employers? In reality, unless you can find the money to make your claim within 3 months then you are likely to be priced out of making a claim. There is an opportunity to apply for fee remission where you can demonstrate that you are unable to pay but this is not certain. It does seem that this new system has deterred employees from brining genuine claims and this stark reduction in claims can only strengthen Unison’s case currently waiting for a decision from the High Court. For more information about this article or any aspect of our Employment & Equality Law solutions,  please call Colin Foote on 0845 834 0840
  • The Be Quiet! Dark Base 700: a near silent enclosure with sleek design Decked out with a full tempered glass side panel and RGB lighting, the Be Quiet! Dark Base 700 could be a worthy contender for new builds. Featuring USB 3.1 Gen 2 Type-C and room for a some larger radiators, this case is ready for lots of new hardware. Measuring in at 21.4 x 20.4 x 9.48 inches, the Dark Base 700 is an ATX Mid Tower case. Motherboards ranging from Mini-ITX up to E-ATX are… View On WordPress
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  • [16-11] See our latest blog post on Uber's lost employment tribunal and what it means
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Race case against spy base GCHQ settled before employment tribunal
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