header-logo header-logo

Ripe for a pasting?

istock_000013260607medium_4

Could time be up for the Taplin test, asks Mark Benney

Under the Employment Rights Act 1996 (ERA 1996), s 128, an employee claiming to have been unfairly dismissed may apply to the employment tribunal for interim relief if the reason or the principal reason for his dismissal was:
 

  • activities relating to health and safety;
  • performance of functions relating to trusteeship of occupational pension schemes;
  • performance of functions as an employee representative or candidate; or
  • the making of a protected disclosure.

If successful, such an application may result in the reinstatement or re-engagement of the employee, or alternatively the payment of his salary pending the full hearing of his claim for unfair dismissal. As recent cases such as Watkinson (ET 1702168/2008 and 1702079/2009) have demonstrated, there is ample incentive for unfair dismissal claimants to allege that the reason for dismissal was, for example, the fact that protected disclosures had been made, because the statutory cap on compensation does not apply in such cases.

Under ERA 1996, s 129,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll