Recent articles
Employment tribunal changes
31 January 2012
The coming year promises a number of changes to the employment law landscape, following on from the coalition government's "Red Tape Challenge" launched in April 2011. This wide-ranging project intends to review 21,000 statutory instruments, with a view to identifying which existing regulations could be "scrapped, merged, simplified or improved". In an employment context, this approach has been targeted on assisting business and boosting economic recovery. Some of the important changes include increasing the qualifying period for unfair dismissal; making it easier for employers and employees to have frank discussions and resolve disputes; and overhauling the employment tribunal system.
Debique v Ministry of Defence – claimant’s award reduced due to failure to mitigate losses
31 January 2012
Although initially sympathetic to her childcare needs, the Army lost patience with Miss Debique after a number of incidents, including an occasion where she failed to attend a parade. The Army subsequently informed Miss Debique that if she could not rearrange her childcare so that she could be available 247, that she would be sacked for gross misconduct. Following a formal warning, Miss Debique resigned alleging she feared she would be sacked in any event. She went on to claim that the requirement to be available 247 amounted to indirect sex discrimination. Miss Debique also claimed that she had been indirectly racially discriminated against because the immigration rules prevented her from inviting relatives to come to the United Kingdom to help with childcare. These claims were successful both at the original tribunal and at the Employment Appeal Tribunal. As the parties were unable to agree a figure for compensation, the matter went to a remedies hearing.