Labour & European Law Review
17 December 2014
A report published this week by the TUC has found that millions of workers are trapped in low-paid, highly insecure jobs, where mistreatment is the norm and from which they have little prospect of escape.
Courts generally require employers to give an undertaking to pay their employees during the period of an injunction restraining the employee from working for a competitor. In Sunrise Brokers LLP v Rodgers, however, the Court of Appeal held that the injunction granted by a High Court judge did not compel Mr Rodgers to return to work and the company was not obliged to pay him.
The law says that tribunals can make a costs order when a claimant has paid a fee for a claim (or an appeal) which is decided either wholly or partially in their favour. In Old v Palace Fields Primary Academy, however, the Employment Appeal Tribunal (EAT) held that it would only order half the hearing fee and none of the lodgement fee, despite the fact that Mrs Old was partially successful in her appeal.