The Law Gazette recently shared this article titled ‘Low-cost Manchester mediation pilot aims to ‘fill a gap’ which discusses a new initiative involving the launch of new a pilot scheme encouraging mediation as a less costly way of resolving civil disputes.
Nick Harvey Partner and Head of Litigation, comments on this recent article, whilst discussing Bermans new dispute resolution product – Escalate.
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Gayle joined Bermans in August 2017 and is a Litigation Executive in the Asset Based Lending team.
She has over 25 years experience of producing and managing court process for a variety of commercial clients and has worked extensively for clients in the asset based finance market.
Gayle predominantly deals with undefended and process driven claims.
e: gayle.dimelow@bermans.co.uk
t: 0161 827 4615
In one of the most important legal decisions in recent years in the employment field, the Supreme Court has allowed the appeal of UNISON in its challenge to the introduction of employment tribunal fees.
Continue ReadingIf you’re a fan of the Peter Kay show, Car Share, you’ll have seen the perfect sickie in the making. John’s car share buddy, Kayleigh, calls into work. She feigns a stomach bug with great aplomb, while John looks on. It’s all part of her plan to lure John, who happens to be the assistant manager in the store where they both work, to the safari park for the day.
Continue ReadingElmore v The Governors of Darland High School
In most unfair dismissal cases, an employer will put its dismissing officer and its appeal officer in the witness box. It makes sense to give the tribunal a full account of what happened at each stage and why. But this case shows that a fair dismissal may be found even where the appeal officer does not give evidence.
Continue ReadingCharlesworth v Dransfields Engineering Services Ltd
Mr Charlesworth, a branch manager, took a period of sick leave after developing cancer. His employer had been looking to make cost savings, and during Mr Charlesworth’s absence the business identified the possibility of a restructure that would delete his job and save the business up to £40,000 a year.
Continue ReadingKinnear v Marley Eternit Ltd t/a Marley Contract Services
Mr Kinnear was taken on by Marley under a four-year apprenticeship during which he was trained in roofing.
A downturn in workload led to his dismissal for redundancy despite his contract having 122 weeks left to run. He could not find another company to take him on, and so was not able to finish his apprenticeship.
Continue ReadingGnahoua v Abellio London Ltd
Employees have the right to be accompanied by a colleague, or a trade union representative or official at a disciplinary hearing. An employer who breaches this could face a tribunal claim and the possibility of having to pay compensation of up to two weeks’ pay.
Continue ReadingThe Government Legal Service v Brookes
Psychometric testing has long been a way of assessing the aptitude of job applicants. But this tick-box test, marked by computers, doesn’t necessarily provide a level playing field.
Ms Brookes has Asperger’s Syndrome. She applied for a job as a trainee lawyer in the Government Legal Services (GLS). The first stage of the recruitment process was a multiple-choice test, known as a Situational Judgment Test (SJT). Ms Brookes asked if she could respond by giving short narrative written answers. (The tribunal went on to find that, as a person with Asperger’s, she lacked social imagination and would have difficulties in imaginative and counter-factual reasoning in hypothetical scenarios.) GLS refused.
Continue ReadingFocus Care Agency v Roberts
Certain industries, perhaps most notably the care industry, rely on workers being on-call; sometimes even sleeping at work so that they’re on site and available to help if needed. The perennial question, for employment law purposes, is whether these workers are ‘working’ – and entitled to the rights that go with that (not least the National Minimum Wage) – for the entire time, and not just when they are awake and attending to duties.
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