Tribunals

What are the potential implications of the Tesco ‘retained pay’ case, and, post-election, how might a potential Labour government overhaul the law surrounding fire and rehire?

Where does the Supreme Court’s decision in Mercer leave us in terms of the law on union-related detriment? Charles Pigott reports

The government is seeking to resurrect tribunal fees, posing serious questions about access to justice. The benefits are unclear, writes Catrina Smith

Government proposals to resurrect employment tribunal fees—albeit at a modest rate compared to last time—could spectacularly backfire, ending in a second ‘unlawful’ ruling

Ian Smith contemplates three recent cases that show lacunae in the law, each posing an interesting conundrum

Employment law brief in this week’s NLJ sees Professor Ian Smith dissect three recent cases that show lacunae in the law

The law is tying itself in knots over gender critical cases. A new approach is needed urgently to make the UK safer for trans people, says Oscar Davies

How should judges approach cases involving gender critical views? In this week’s NLJ, Oscar Davies, barrister at Garden Court Chambers, discusses this developing area of law

Re-introducing employment tribunal fees is potentially unlawful and would block access to justice and increase costs to taxpayers, the Employment Lawyers Association (ELA) has warned

A recent employment appeal concerning a teacher dismissed for expressing gender-critical views on Facebook is a significant development in employment law because the Employment Appeal Tribunal (EAT) focused on the ‘reason why’ question. In this week’s NLJ, Charles Pigott, professional support lawyer, Mills & Reeve, explains why the EAT’s approach ‘marks a significant development’ for discrimination claims, breaking new ground.