Labour & European Law Review
21 January 2015
The House of Commons library last week published a briefing note looking at the impact of the introduction of fees for tribunal claims, introduced in July 2013.
The EAT in Wess v Science Museum Group has confirmed that when an employer unilaterally imposes a change to a contract of employment which does not have immediate effect, they cannot assume that the employee has accepted the change, even if they continue to work under the contract without objecting.
Although claimants cannot pursue a claim in a court dealing with matters that have already been considered in another court, the Court of Appeal held in Nayif v High Commission of Brunei Darussalam that if the claim was rejected because it was beyond the first court’s jurisdiction, a case based on the same facts could still be heard elsewhere.