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Nothing on this website should be treated as legal advice and posts are made for the purposes of commentary and without any assumption of responsibility. Members of the public should seek legal advice from a legal professional.
10th June 2009 Stringer v HMRC [2009] UKHL 31 The House of Lords has today handed down the much anticipated decision in Stringer v HMRC. This follows the Judgment of the European Court of Justice earlier this year. It is important to note that the House of Lords has confirmed that it is possible to frame a complaint that an employee has not been paid their holiday pay entitlement as provided for in the Working Time Regulations, through the unlawful deduction from wages provisions in the Employment Rights Act 1996. The practical effect of this is that wages claims under the ERA can be claimed as a series of deductions, allowing the employee to claim for historic deductions.
20th May 2009 A New Dimension to Costs Threats? The Employment Appeal Tribunal in Daleside Nursing Home Ltd v Mathew has held that an Employment Tribunal, having made a finding of fact that the Claimant’s central allegation of racial abuse did not occur, acted perversely in not making an order of costs against the Claimant. It is to be noted that whilst the Employment Tribunal did not appear to use the term ‘lie’ the EAT nevertheless took the Judgment to indicate that the central allegation made by the Claimant was false. Given the publicity that has already been attached to this case, it is likely that solicitors who act for Claimants may see this case cited in correspondence in an attempt to boost a cost threat made on behalf of a Respondent. However, the case should not be taken at face value. The EAT emphasised that the Judgment was confined to the facts of the case and should not be seen as a wider statement of principle (para 3). Therefore, it is unlikely that the position with regards to costs has changed at all.
14th May 2009 Jamie Anderson appears in the EAT Jamie Anderson appeared for the successful appellant in the recent Employment Appeal Tribunal case of Sunley v HMP Durham
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