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Employment Tribunals

KateElizabeth by KateElizabeth

Dramatic Two Year Rise in Employment Tribunals

Companies are being forced to pay thousands in payouts as a result of tribunal claims which challenge what are seen to be unfair dismissals or poorly carried out procedures. Statistics published by the Ministry of Justice and the Courts and Tribunals Service saw an overall total of 218,100
claims made during 2010-2011 - a 44% rise in employment tribunals since 2008.

£50,000 Payout for Teacher's Unfair Dismissal

April this year saw Gary Day-Davies, a school teacher living in Salford, accept a £50,000 payout for an unfair dismissal from Wentworth High School last year. Mr Day-Davies had contacted Salford council and the office of MP Hazel Blears expressing concerns about health and safety as well as financial issues at the school before being sacked following 12 months of suspension. Mr Day-Davies asked for mediation on five occasions to resolve issues amicably and return to work. At the time Councillor Norman Owen, leader of Salford's Lib Dems stated his belief that the council may not have done enough to protect Mr Day-Davies.

Salford University Face £34,000 Discrimination Claim

Meanwhile, Salford University currently faces a £34,000 discrimination claim from student Shelley Maxwell who said that the university failed to give her sufficient help and support during her studies. Ms Maxwell suffers from a condition described as 'narcoleptic in nature' and missed vital information in lectures because she fell asleep. Despite having already taken the claim to the Office of the Independent Adjudicator (OIA) who recommended that the university allow Ms Maxwell to restart her first year free of charge, award her £2,500 for inconvenience, and review its procedures as they relate to helping disabled students, Ms Maxwell is pursuing the case further in the Court of Appeal. Her lawyers are challenging the OIA's refusal to investigate the central issue of disability discrimination which Ms Maxwell felt left her short of a larger payout.

Payout of £29,000 for Sexual Discrimination

Last week a woman from Coatbridge, North Lanarkshire, won a payout of £29,000 in compensation from Silverwells Hotel in Bothwell on grounds of sexual discrimination. After informing the hotel's management of her pregnancy she was told that she was being demoted to a part-time waitressing role despite being promoted from supervisor to a general manager only two months earlier. The unnamed woman told the tribunal that the result of the decreased hours and income led to her suffering with depression which led to her resignation and subsequent termination of the pregnancy.

How HR Services Can Help

Laura Chalkley, an employment law specialist at Maxwell Hodge law film in Liverpool told Click Liverpool that "the rise should be taken as warning to firms that they have to follow proper consultation processes and have the correct procedures in place to ensure they are not leaving themselves open to legal action". With around 125 new employment laws being introduced every year from the UK and Europe, companies specialising in Human Resource services are being utilised as a beneficial source of support. HR service suppliers ensure companies are on the right side of employment law whilst providing guidance on disciplinary and grievance situations to guarantee that they are dealt with in a legally compliant way to prevent claims being made against companies regarding procedures and dismissals.

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KateElizabeth

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