Labour & European Law Review
16 November 2016
According to an analysis of government figures by the TUC, the number of people challenging discrimination or unfair treatment at work has fallen by 9,000 a month since the introduction of tribunal fees.
The analysis shows that in 2012/13 (the year before tribunal fees were introduced) almost 192,000 people brought tribunal claims. By 2015/2016, that figure had dropped to just over 83,000 claims.
The law gives tribunals the power to decide whether a settlement agreement is valid or not. In Glasgow City Council v Dahhan the Employment Appeal Tribunal (EAT) held that this included the power to set aside an agreement on the ground of invalidity if one of the parties to the agreement did not have the requisite capacity to enter into it at the time of signing.
There is a service provision change (SPC) under TUPE when “activities” which used to be carried out by one contractor are carried out by another contractor, and they remain “fundamentally the same”. In The Salvation Army Trustee Company v Bahi and ors, the Employment Appeal Tribunal (EAT) held that it is not an error of law for a judge to define “activities” in terms of their difference as opposed to their similarities.