Time for Tiffin
A few weeks ago I wrote about whether a lapdancer could be held to be an employee (she couldn’t). A similar question arose recently in the case of Tiffin v Lester Aldridge LLP at the EAT: can a Partner in a law firm be an Employee? Nadine Quashie’s case was a Preliminary Hearing at first instance, i.e before the Employment Tribunal; Tiffin’s was an appeal against the refusal of the ET to hold that he was an employee.
How much can an employer be ordered to pay of it loses a claim for Unfair Dismissal at an Employment Tribunal? For many (especially small) employers an award of compensation to an employee following a finding of unfair dismissal could jeopardise the future of the business, sending it into bankruptcy or liquidation.
The maximum that a Tribunal can award is, currently, £65,300 plus a small basic award calculated on age and length of service (unless the dismissal is connected with health and safety or whistleblowing). The employee has to be able to prove his/her losses and will be awarded such sum as the Tribunal feels is “just and equitable” in all the circumstances. S.123 of the Employment Rights Act 1996 is the relevant piece of legislation and also says that the amount of the award is such sum
How not to Resolve a Dispute or Why Employees should never try to wear traffic cones
(picture right) How Not to Resolve Disputes or Why Employees Should Never Wear Traffic Cones
Employers have to repay sick pay
Some good news for employees came out last week with the decision by the European Court of Justice in Pereda v Madrid Movilidad SA that says if an employee is sick whilst on holiday, they can retake the holiday later on or carry the days lost over to the next year.
Not surprisingly employers’ representatives are unhappy about it as it places additional burdens on them. It also increases the risk of unscrupulous employees taking advantage. No guidance is offered by the ECJ on how this could be policed. Employers can only insist on a sick note from GPs after seven days absence.
At first glance this might not seem the most exciting topic, but bear with me as the recently reported Employment Appeal Tribunal (EAT) case of Daleside Nursing Home v Mrs Mathews has thrown up a very interesting point about when costs might be awarded against the losing party before an Employment Tribunal (ET).
The usual rule is that ETs don’t award costs against the losing party, unlike in the High or County Court where that is the starting point (although even in those venues this rule is subject to several caveats but that is another story). ETs have the power to award costs, it is just that they don’t do it very often. The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 provide that power. In particular Regulations 38 – 48 set out the costs regime.