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Employment Tribunal: legal aspects and initial questions
If you think that you have been badly treated at work, for example by being dismissed, made redundant or subject to discrimination, the...

Robert Spicer
Apr 25, 20202 min read
Employment Tribunal: history and status
Employment tribunals (ET) were created as industrial tribunals by the Industrial Training Act 1964. Industrial tribunals were judicial...

Robert Spicer
Apr 22, 20203 min read
Noise at work
The question of injury caused by noise at work deserves separate treatment because it has been the subject of a distinct line of cases....

Robert Spicer
Mar 14, 20203 min read
Negligence at work: liability for injury and disease
CHAPTER 2: NEGLIGENCE Duty of Care Manufacturer Davie v New Merton Board Mills (1958) A drift (a tapered steel bar) was made by an...

Robert Spicer
Mar 5, 20205 min read
Employment law and tribunals: a critical analysis - Part 5
Employment tribunal procedure The Report of the Donovan Commission in 1968 stated that the aim of the industrial tribunal (as it was then...

Robert Spicer
Feb 25, 20202 min read
Employment law and tribunals: a critical analysis - Part 4
Information technology There is a movement, fortunately not currently particularly successful, towards the replacement of lawyers with...

Robert Spicer
Feb 20, 20203 min read
Employment law and procedure: a critical analysis - Part 3
Workplace stress As well as legal duties under statutes and regulations, employers have obligations under duties imposed by the common...

Robert Spicer
Feb 13, 20203 min read
Employment law and procedure: a critical analysis - Part 2
Complexity To reach a conclusion on this matter involved the court in wading through a monstrous legislative morass, staggering from...

Robert Spicer
Feb 8, 20203 min read
Employment law and procedure: a critical analysis
Currently, British employment law is a sprawling mass of statutes, regulations and decided cases. The leading textbook – Harvey –...

Robert Spicer
Jan 16, 20202 min read
Workplace Stress- Part 10
Reasonable foreseeability Reasonable conduct by employer Ramwell v Tesco Stores plc (2000) HSB 289: 23, Manchester county court R was...

Robert Spicer
Sep 6, 20193 min read
Workplace stress- Part 9
Duty to provide safe system of work Two nervous breakdowns Walker v Northumberland County Council [1995] IRLR 35, High Court W, a senior...

Robert Spicer
Aug 30, 20194 min read
Workplace stress - Part 8
Common Law: Formally Reported Cases Duty of care Foreseeability Fraser v State Hospitals Board for Scotland (2000) July 11, Scottish...

Robert Spicer
Aug 25, 20193 min read
Workplace stress - Part 7
Is the relationship between employer and employee in itself necessarily stressful? If one takes the view that the relationship between...

Robert Spicer
Aug 18, 20193 min read
Workplace stress - Part 6
Bullying The dictionary definition of “bully” is a person who makes him or herself a terror to the weak or defenceless. Bullying at work...

Robert Spicer
Aug 10, 20193 min read
Workplace stress - Part 5
Physical symptoms It is generally accepted that workplace stress can result in physical symptoms, for example: Cardio-vascular disease...

Robert Spicer
Aug 3, 20192 min read
Workplace stress - Part 4
TERMINOLOGY Definition of stress The widest definition of stress is anything which makes a person tense, angry, frustrated or angry. This...

Robert Spicer
Jul 29, 20192 min read
Workplace stress - Part 3
General criminal law There are no reported prosecutions for specific criminal offences in relation to workplace stress. In relation to...

Robert Spicer
Jul 28, 20192 min read
Constructive dismissal
Fundamental breach Unilateral salary cut Case Mostyn v S and P Casuals Ltd [2018] UKEAT/0158/17, Employment Appeal Tribunal Facts M, a...

Robert Spicer
May 5, 20192 min read
Employment contract: trade union membership
EMPLOYMENT CONTRACT Trade union membership Case Oni v Unison Trade Union [2018] ICR 1111, EAT Facts O was a nurse employed by a hospital...

Robert Spicer
Sep 26, 20181 min read
Unfair dismissal: internal appeal procedure
UNFAIR DISMISSAL Internal appeal procedure Case Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1843 Facts P was dismissed by F in...

Robert Spicer
Sep 20, 20182 min read
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