Monthly Archives

June 2017

WTD: weekly rest period may be granted on any day in the reference period (Advocate General’s opinion)

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Advocate General Saugmandsgaard has given an opinion that the 24-hour weekly rest period provided by the Working Time Directive may be granted on any day in the seven-day reference period. In his view, Article 5 of the Working Time Directive should not be interpreted as requiring the weekly rest period to be granted on the seventh day following six consecutive working days. This is yet to be confirmed in case law.


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We are delighted to announce that we have a new guest speaker at our Employment Law and Health and Safety workshop here at Elcons on Friday June 30th 2017 at 10.00am


Danny Lacey CEO and Founder of Stada Video, will be delivering a short presentation on “How to grow your business through social media”.  Don’t miss out on listening to Danny who can only be described as a breath of fresh air and an inspiration to businesses.


Please reserve your place by e-mailing See you there!

Employment tribunal quarterly statistics January to March 2017

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On 8 June 2017, the Ministry of Justice published quarterly statistics for all tribunals, including the employment tribunal (ET), for the period January to March 2017. Key findings include:

  • The number of single ET claims increased by 4%. The total number of multiple claims increased by 7%, however, the number of individual multiple claim cases actually fell by 23%.
  • The number of single ET claims disposed of fell by 5%, leading to a 10% increase in the caseload of single cases outstanding. The number of multiple claims disposed of fell by 19%. The average time until disposal was 29 weeks for single claims (an increase of one week) and 206 weeks for multiple claims (an increase of 20 weeks). 28% of claims disposed of were conciliated by Acas, 11% were withdrawn and 8% were successful at hearing.
  • Annual figures from 1 April 2016 to 31 March 2017 show a 1% increase in single claims and an 8% increase in multiple claims compared with the previous year. The disposal of single claims decreased 4% over the year, and the disposal of multiple claims decreased by 11%.
  • 63% of remission applications for issue fees were granted, down from 66%.
  • 63% of ET issue fee requests were paid outright, while 29% were awarded either full or partial remission. 18% of hearing fee requests were paid outright and 15% were awarded full or partial remission.
  • The total caseload outstanding is 272,032, with 96% of these relating to multiple claims.
  • The number of ET sitting days has fallen by 15% since 2015/2016. The proportion of sittings by a salaried judge, rather than a fee-paid judge, has increased from 67% in 2013/2014 to 92% in 2016/2017. (In comparison, the average proportion of salaried judicial sittings across all other tribunals within HMCTS is 40%.)

All comparisons are by reference to the same quarter in 2016 (unless otherwise stated).

Green v Sig Trading Limited UKEAT/0282/16

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In Green v Sig Trading Limited UKEAT/0282/16 the EAT has confirmed that when determining whether an employee based abroad has the right to bring a claim for unfair dismissal in the UK, an objective assessment of whether the employee has a strong connection to Great Britain needs to be determined by the tribunal.