We lawyers have been arguing about the status of ‘employees’ since the dawn of the first codified employment legislation in this country and the advent of the industrial tribunals. Cases such as Ready-Mixed Concrete v Minister of Pensions & National Insurance  QB 497 and Carmichael v National Power Plc  IRLR 43 gave us […]
About Sarah Hornblower
To read more about Sarah, please see her Chambers profile here.
Entries by Sarah Hornblower
Employment and Criminal Law- an odd mix or the perfect partnership? I am often asked why I specialise in two such different areas of law. The obvious answer is that I am good at both and I enjoy both, but the more important answer is that they complement each other very well. Not just in […]
There have, over the years been a number of reviews of the tribunal system- ‘Justice’ in 1987, the green paper ‘Options for Reform’ in 1994, ‘Fairness at Work’ in 1998, the Leggatt Report in 2001, the ‘Employment Tribunal System Taskforce’ in 2002 which resulted in the Gibbons Report in 2007, and finally ‘Resolving Workplace Disputes’ […]
Cuts to legal aid, increased court fees and the proliferation of ‘information’ available on the internet have all increased the number of litigants in person in the courts and tribunals of this land over the last few years, and the Employment Tribunal is no exception. But what is the Tribunals approach and how does it […]
The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 came into force on 6th April 2014 introducing mandatory conciliation in employment disputes as a precursor to eligibility for bringing a claim before an employment tribunal. We are over a year on and starting to see some satellite litigation on the operation and enforcement […]
Applications by Claimants to amend their claim forms can face Respondents at any stage in the litigation, and they can cause delay and increased costs. So too may a new issue come to light which had not been apparent at the time of issue, which to refuse a Claimant to add it to their claim […]
Early Conciliation Since 6th April 2014, before ‘relevant proceedings’ can be issued in an Employment Tribunal, prospective Claimants must first contact ACAS and provide them with certain basic information (referred to as ‘prescribed information’ to be given ‘in the prescribed manner’ (i.e. in accordance with the legislation)) to enable ACAS to explore the possibility of […]
Last year saw the enactment of the 2013 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 with many changes arguably most notable of which was the introduction of fees and a greater power being given to Employment Tribunals to deal with costs issues. Previously Employment Tribunals only had power to assess costs under £20,000, […]
On 29th July 2013 the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013 come in to force for cases where the claim is sent to the Respondent on or after this date.