In Efobi v Royal Mail Group Ltd, the Employment Appeal Tribunal was asked to consider the burden of proof provisions in a discrimination case. These are the rules found in statute – section136 of the Equality Act 2010 - which guide Tribunals in making findings in fact as to whether or not discrimination has been established in evidence.
A husband and wife team who have been working as foster carers have successfully established that they should be regarded as having employee status following a landmark ruling in the Glasgow Employment Tribunal.
In 2013 the Government introduced a Fees Order which required the relevant party to pay a fee in order to proceed with their claim or appeal in the Employment Tribunal or Employment Appeal Tribunal. The aim of the new system was to try and balance the cost of the system to the users of it, to deter unmeritorious claims and to encourage settlement.
In 'Chard v Trowbridge Office Cleaning Services Ltd', the EAT has upheld an appeal against an Employment Tribunal’s decision to reject a claim whereby the claimant had incorrectly named the respondent in the ACAS EC Certificate and subsequently lodged the claim against the correct prospective respondent. The EAT held that this was a “minor error” under Rule 12(2A) of the Tribunal Rules 2013 and that the claim should not have been rejected.
The Public Interest Disclosure Act gives important protection to employees and other workers who raise concerns about wrongdoing they believe is taking place. Where the statutory conditions are met, these workers are protected from detrimental treatment and from dismissal.