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Employment Tribunal Claims

by Naomi Cunningham & Michael Reed

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Posted onJanuary 12, 2008advice

Don’t waffle

by NaomiLeave a comment on Don’t waffle

George Orwell put the more general point (of which ‘aforesaid‘ is a special case) in his essay Politics and the English Language (1946): Here is…

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Posted onJanuary 11, 2008advice

Aforesaid

by Michael1 Comment on Aforesaid

In the modern world of employment litigation there is no situation where it is appropriate to use the word “aforesaid”.

This is one of those rare rules to which there are no exceptions.

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Posted onJanuary 7, 2008update

What is gross misconduct?

by Naomi2 Comments on What is gross misconduct?

Gross misconduct is misconduct so serious that the employer is entitled to dismiss for a first offence. What that means depends in part on the…

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Posted onDecember 21, 2007advice

Navigating an unpaginated bundle

by NaomiLeave a comment on Navigating an unpaginated bundle

Often you need to do substantial work the papers involved in the case before you are in a position to finalise and paginate your hearing…

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Posted onDecember 21, 2007advice

Exchanging witness statements in a hurry

by MichaelLeave a comment on Exchanging witness statements in a hurry

In an ideal world, witness statements would be ready days, if not weeks, before they had to be exchanged. There would even be lots of…

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Posted onDecember 19, 2007advice

Reinstatement and re-engagement

by NaomiLeave a comment on Reinstatement and re-engagement

All employment lawyers know that orders for reinstatement (getting your old job back) and re-engagement (getting another job with your former employer) are extremely rare.…

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Posted onDecember 18, 2007advice

Post decision negotiation

by MichaelLeave a comment on Post decision negotiation

Once the tribunal has made its decision on a case, there is normally nothing left to negotiate.

The most common exception to this rule is where the tribunal’s decision is only on liability.

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Posted onDecember 15, 2007advice

Mitigation

by Naomi4 Comments on Mitigation

It is frustrating to win your case, but get limited compensation because you can’t convince the tribunal that you have done a reasonable amount to…

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Posted onDecember 13, 2007update

Late claim for unfair dismissal

by NaomiLeave a comment on Late claim for unfair dismissal

In RBS v Bevan, the EAT considered an appeal against an employment tribunal’s decision that it had not been reasonably practicable for the claimant to…

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Posted onDecember 12, 2007news

Dispute resolution: the current situation

by NaomiLeave a comment on Dispute resolution: the current situation

Although a Bill to abolish the dispute resolution regime has been published (see previous post), it does not seem likely to come into force until…

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