News

In the recent case of BIS v Studders, the Employment Appeals Tribunal (EAT) affirmed the proposition that an agency worker is more likely to be regarded as an employee of the end user rather than that of the agency. The decision turned on the absence of real control and mutuality between the agency and worker, as well as the lack of intention for the contract to create an employment relationship.

In the recent case of Mirikwe v Wilson & Co Solicitors and others, the Employment Appeal Tribunal (“EAT”) upheld an Employment Tribunal’s decision to award costs without having taken into account the claimant’s financial means. The EAT further held that the Employment Tribunal had been entitled to take into account the claimant’s non-attendance at the costs hearing, when deciding whether to have regard to her financial means.

Looking back to plan ahead - The Equality and Human Rights Commission launches phase one of their consultation on strategic plan. This is the first of three phases of the consultation to develop their next three-year strategic plan, which will be laid before Parliament in April 2012.

TEAM are pleased to announce a New TEAM Member

In the recent case of London Borough of Hackney Council & Others v Sivanandan, the Employment Appeal Tribunal (“EAT”) departed from previous authority to find that, in circumstances in which more than one party is found guilty of discrimination, it had no power to apportion liability for damages as between the guilty parties.

TEAM new Members

It is established case law that employers have to be careful with what they say about former-employees when completing references. However, the recent case of McKie v Swindon College [2011] EWHC 469 (QB) has established that such care must also be taken when mentioning ex-employees in other forms of communication.

TEAM was advised by BIS this week that the revised Final AWR guidance is loaded on to their website and they have issued the following statement:

In the recent case of John Lewis Partnership v Charman, the Employment Appeal Tribunal (“EAT”) upheld an Employment Judge's decision to allow a claim of unfair dismissal lodged outside of the required time limit to proceed on the basis that the claimant was “reasonably ignorant” of the required time limit.

TEAM are pleased to announce that Karen Robertson, Director at Brae Scotland, has been appointed as the Scottish Regional Director for TEAM – The Employment Agents Movement.