New Vento bands for injury to feelings and psychiatric injury have been released by the Presidents of England & Wales and Scotland. A fifth addendum to the Presidential Guidance (which was originally published on 5 September 2017) was published on 28 March 2022. The addendum updates, but does not otherwise replace, the first, second, third and fourth addenda, which remain relevant to claims presented before 6 April 2022. The updated Vento bands, which apply to any claims presented on or after 6 April 2022, shall be as follows: a lower band of £990 to £9,900 (less serious cases); a ..read more

Since March 20th, when the Government set out a wide range of measures to help both employers and employees as a result of the Covid-19 epidemic, things have moved on apace. Rishi Sunak, Chancellor of the Exchequer, sought from the start, to tackle the likely hardship that employees will suffer and to help businesses to retain a workforce that it will be able to call on when business picks up. Thus avoiding mass redundancies. Measures such as the deferral of VAT and income tax payments, a 12 month break for payment of business rates in some sectors, in addition to changes to SSP, have been br ..read more

No according to His Honour David Richardson of the EAT in Uradar v Lancashire Care NHS Foundation Trust [2019] UKEAT 0301_18_2006 The rationale for the decision can be distilled (very briefly) down to the fact that there were two very different causes of action; a statutory AND a contractual claim. Interestingly, at paragraph 28 the statutory cap is derided for being anachronistic; As we leave this case we would add the following comment. The statutory cap in the 1994 Order has remained unchanged for a quarter of a century. It seems only necessary to pass a statutory instrument to provide ..read more

In the case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, ECJ 14.5.19 (C-55/18).The ECJ considered the extent of employer's record-keeping obligations in relation to the provisions of the EU Working Time Directive on maximum weekly working time and daily and weekly rest. Article 31(2) of the Charter of Fundamental Rights of the European Union (‘the EU Charter’) provides: ‘Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.’ These rights are given effect by the EU Working Time ..read more

It is a well trodden path that employment tribunals may order an unfairly dismissed employee to be re-engaged. It has also been accepted that the employer's failure to comply results in (not a particularly hefty) additional compensatory award. The attempt by one clever lawyer to enforce that re-engagement order via an injunction has flopped in The Court of Appeal see Mackenzie v The University of Cambridge. Lord Justice Underhill batting the appeal over the stands commented (para 33): The obligation is one that the statute does not intend should be specifically enforceable (s117 ERA1996 ..read more