Resource Hub - Vista

Remote hearings: How to prepare for a remote tribunal hearing

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We’re head on into another year where remote hearings will be a mainstay of HR professionals and employment lawyers’ lives. We’ve been representing our clients nationally in this way for a while now, so the team have put together some top tips on pre-hearing logistics, how to prepare your witnesses and what to expect at…

Vento Bands: Explained

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Vento bands: What are they? What do they mean? And what are the factors that the employment tribunal will be taking into consideration when deciding an injury to feeling award? Stephen Foster, Legal & Professional Service Manager and Luke Richardson, Employment Law Consultant at Vista spend 5 minutes explaining Vento bands, the three levels and…

Employment Tribunal Awards and How to Reduce Them

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In our blog series addressing all aspects of the employment tribunal process, we’ve come to the stage of employment tribunal awards. Tim Cross, Director of Employment and Legal Affairs at Vista gives us a run down of the potential argument’s employers can use to reduce them. Firstly, if someone is unfairly dismissed, they are entitled…

The Biggest Tribunal Cases of 2019, and What to Look Out for in 2020

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The most significant tribunal cases of 2019 saw decisions made in both the European and UK courts. We’ve put together a roundup of a few of the most notable Tribunal cases that are still under appeal, and therefore you might want to watch out for in 2020. First up, lets visit the European Court of…

Menopause at Work

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ACAS have released some new guidance on Menopause in the Workplace. Tim Cross talks us through the guidance and why it’s so important to raise awareness of the condition in this short video.

Agency Workers – Kocur v Royal Mail

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Can an agency worker use the AWR to insist on the same hours as a permanent employee? The Court of Appeal has looked at this issue in the case of Kocur v Royal Mail. Claire Rosney covers the case in this short video.

Age Discrimination – Heskett v Secretary of State for Justice

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In the case of Heskett v Secretary of State for Justice, employees were hot under the collar when a change to probation officers’ pay-scales meant that younger workers took longer to get to the top of the scale and were paid less than their older colleagues. Here’s the full case and the learnings we can take from it, with Claire Rosney.

Discrimination Arising from Disability – Baldeh v Churches Housing Association

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Claire Rosney looks at the case of Baldeh v Churches Housing Association, where Ms Baldeh was dismissed over concerns about her performance and behaviour. At her appeal hearing she said that her behaviour was caused by depression. When she was dismissed, she brought a claim of discrimination arising from disability.

How to Prepare for an Employment Tribunal

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Employment tribunal claims have risen by 90% since the abolition of employment tribunal fees in July 2017. The rise has led to a new ‘frequently asked question’ here at Vista; how to prepare for an employment tribunal from a witness’s perspective? We got together with Darren Maw, MD of Vista (called to the bar in…

How to Win an Employment Tribunal

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Let’s face it, no employer wants to lose an employment tribunal. Abi Alemoru, Director of Litigation at Vista spends 2 minutes taking employers through the key ways to get a positive outcome in the employment tribunal.

Parental Leave – Hextall vs Chief Constable of Leicestershire Police

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In Hextall vs Chief Constable of Leicestershire Police the Claimant tried and failed to extend the definition of sex discrimination to establish a right to enhanced shared parental pay. Despite convincing the Employment Appeal Tribunal that there was potential for an indirect discrimination claim when employers enhance maternity pay but not shared parental pay, Mr Hextall was unable to persuade the Court of Appeal. Suzanne reviews the case and what it means for Airbus in this video.

What if my Employment Tribunal Witness has Left the Business?

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You are in the run up to an employment tribunal hearing and your witness has left the business. Whether that be under a cloud or hopefully on good terms, here’s what to do: Ask yourself – what were the circumstances under which that person left? If that person left with the relationship intact, we are…

Vicarious Liability – Shelbourne v Cancer Research UK

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When can an employer be vicariously liable for the acts of employees? In Shelbourne v Cancer Research UK the High Court held that the employer was not liable when one employee injured another on the dance floor. Abi Alemoru explains what implications this case may have for the Airbus team.

Working Time Directives – Update on New Judgement – CCOO v Deutsche Bank

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The case of CCOO v Deutsche Bank was featured in March’s edition of InView for Airbus, and looked at whether organisations were required to keep records of daily working time. At the time we had an opinion from the Advocate General, however we have an update from The European Court of Justice. Claire talks us through it here. An interesting opinion from the advocate General on working time records in the case of CCOO v Deutsche Bank.

Final Written Warnings – Beattie v Conderrat

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Claire discusses the case of Beattie v Conderrat where the connection between a final written warning and a subsequent dismissal was examined. She talks us through what the Airbus team can take from the case.

Unfair Dismissal – Spaceman v ISS Mediclean

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The case of Spaceman v ISS Mediclean also looked at the employer’s reasoning in relation to a dismissal. In this case it was a short service dismissal, where the reason can be key as it will determine what if any claims the employee has the right to bring. Mr Spaceman claimed that he had been dismissed because he had asserted a statutory right (an automatically unfair reason for dismissal). However, the EAT did not agree and his claim failed on the grounds he had complained to his employer about something he believed they were going to do rather than something they had done. This could not amount to a breach of a statutory right as it had not yet happened.

Whistleblowing & Defamation – Ibrahim v HCA

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In Ibrahim v HCA, the employer challenged a whistleblowing claim on the grounds that the disclosure did not meet the public interest test and the EAT agreed that the employee had not fulfilled that aspect of the test. Although, it is worth remembering that seemingly ‘personal’ disclosures have been held to be in the public interest so employers should proceed with caution when considering disclosures that could be protected.

How to Prepare your ET3 Response: Tips for HR Professionals

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A dreaded ET1 Claim Form has landed on your desk. First things first, don’t panic! All employers deal with tribunal claims, having to defend one doesn’t make you a terrible employer. So, it’s time to get your response together. An employers response to a tribunal claim is submitted using an ET3 form. If you are…

Disability Discrimination – Lamb v The Garrard Academy

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The law of disability discrimination is regularly challenged. In Lamb v The Garrard Academy, the Employment Appeal Tribunal looked at when constructive knowledge of a disability will arise in practice. The employer in this case had not had confirmation that the employee’s condition would amount to a disability. However, the EAT held that the employer was in possession of facts which should have led them to ask more questions. Had they referred Ms Lamb to OH, it would have been confirmed that her condition was a disability. As a result, the employer was deemed to have constructive knowledge. This case demonstrates that failure to ask obvious questions and/or seek medical advice will not enable an employer to plead ignorance or avoid obligations in relation to disabled employees.

The ‘Big Bad’ Employment Appeal Tribunal

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There is a common misconception about the Employment Appeal Tribunal (EAT). For employers, it’s formal, stuffy and ‘there’s no point pursuing the matter further because we would never get the decision of a Tribunal overturned anyway’. For employees, it’s perhaps seen as second crack at the whip. Our aim today is to dispel some of…

Dismissal for Long Term Sickness – Awan v ICTS

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Can an employer dismiss an employee for capability reasons when they are contractually entitled to long term disability benefits? No, not fairly, the Employment Appeal Tribunal has said in Awan v ICTS.

Unfair Dismissal – Ball v First Essex Buses

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Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal recently. Ball v First Essex Buses looked at the range of reasonable responses test in conduct dismissals and shows how an employer can come unstuck even in seemingly clear-cut cases.

How to get the Budget to Settle an Employment Tribunal Claim

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You have an employment tribunal claim that you believe your organisation should settle. There may be plenty of obstacles ahead of you, in the shape of your MD muttering phrases such as ‘it’s a matter of principle’, or your FD has taken a particular dislike to the claimant and you receive an ‘over my dead…

Choosing the Right Witnesses for a Tribunal Hearing

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Choosing the right witnesses for a tribunal hearing is essential. The selection can have a huge influence on the outcome; cases really are won or lost on the witness evidence. We got together with our employment law team to talk through this key step in the Tribunal process and understand how HR professionals can make…

How to Write a Good Witness Statement

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Continuing our series focussed on the employment tribunal process, we’re looking at how to write a good witness statement. At this stage of the employment tribunal process all the evidence has been disclosed and agreed within the Joint Bundle. We look at what’s involved in document disclosure here. What is the role of a witness…

Document Disclosure in the Employment Tribunal – How to Get it Right

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When preparing for an employment tribunal case, one of the most tedious tasks can be the process of disclosing documents and pulling together the hearing bundle. At first, this may seem like an administrative task and just a ‘box to tick’ exercise. However, there is more to document disclosure than meets the eye. Tribunals can…

What to do when an ET1 form hits your desk

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An ET1 form is not something to be taken lightly and acting quickly can benefit an employer in the long run and improve the prospects of their case. As soon as an ET1 form arrives, take these actions to hit the ground running: 1. Tell your employment law advisor about the ET1 – quickly! Employers…

Preliminary Hearings: What, when, where, who and why?

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A preliminary hearing is one of the first critical steps an employer may have to take as part of the journey towards the employment tribunal. Here’s our round up of what a preliminary hearing is all about, who needs to be involved and why they exist. If you’d like a copy of our employment tribunal…

How to Prepare for an Employment Tribunal

Blog
Employment tribunal claims have risen by 90% since the abolition of employment tribunal fees in July 2017. The rise has led to a new ‘frequently asked question’ here at Vista; how to prepare for an employment tribunal from a witness’s perspective? We got together with Darren Maw, MD of Vista (called to the bar in…