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What is a Polkey Deduction?

In an Employment Tribunal claim, a ‘Polkey Deduction’ is something that can reduce your compensatory award in an Unfair Dismissal claim. The term originate from a case of Polkey v AE Dayton Services [1998]. If you win a claim for unfair dismissal, you will be awarded a basic award, [...]

By |2019-01-21T16:24:56+00:00January 21st, 2019|

Worker

What is the definition of a ‘Worker’? ‘Worker’ is the term used to describe someone who agrees to work ‘personally’ for an organisation or a person in return for some form of reward. An employee is also a worker, but not all workers will be employees. Unlike an employee, [...]

By |2018-03-20T09:27:08+00:00March 20th, 2018|

Solicitor

As a qualified legal professional, it is a solicitor’s job to support their clients with regards to their legal issues by providing expert legal advice. Clients can range from single members of the public to large organisations. Typical employers of solicitors consist of, private practice law firms, the Crown [...]

By |2018-03-19T09:31:52+00:00March 19th, 2018|

Barrister

As a qualified legal professional, the main role of a barrister is to speak for and represent clients in court, as well as in preparing some complicated legal documents. In general, a barrister is approached by a solicitor to represent a case they are working on when it goes [...]

By |2018-03-16T09:19:37+00:00March 16th, 2018|

Costs Position in Employment Tribunals

Costs to bring an Employment Tribunal claim There is currently no cost for submitting an Employment Tribunal claim, since a landmark ruling in 2017. Costs at the end of the Tribunal procedure The general rule in the Employment Tribunal is that each party (the individual Claimant and the Respondent [...]

By |2018-03-15T09:33:44+00:00March 15th, 2018|

Do I need a Solicitor or a Barrister?

The two main forms of lawyer in England and Wales are Solicitors and Barristers. Neither is more important than the other but they have different roles, so their training is different and they work in very different ways. Solicitors The first point of call for someone seeking legal advice [...]

By |2018-03-14T09:37:04+00:00March 14th, 2018|

Statement of Truth

As a Claimant in a claim, or a witness on behalf of the Claimant, the Court rules require various documents to be signed by a “Statement of Truth”. This applies to various court documents “Claim Form”, “Particulars of Claim”, “Schedule of Loss”, disclosure lists, Witness Statements and expert reports [...]

By |2018-03-12T09:37:37+00:00March 12th, 2018|

Contributory Negligence in an Employment Claim

‘Contributory Negligence’ (or contributory fault) is a phrase used to mean where an employee has behaved in a way that played a part in what happened to them. This could mean that they somehow contributed to their dismissal, in an unfair dismissal claim. Although it is not specified as [...]

By |2018-03-09T10:15:55+00:00March 9th, 2018|

Subject Access Request (SAR)

A ‘subject access request’ is a way of asking your employer, or any data controller, for copies of the personal information it holds about you. The Data Protection Act 1998 allows individuals to ask organisations for the information they hold about you. In the case of your employer, this [...]

By |2018-03-08T10:08:18+00:00March 8th, 2018|

Polkey Deduction

In an Employment Tribunal claim, a ‘Polkey Deduction’ is something that can reduce your compensatory award in an Unfair Dismissal claim. If you win a claim for unfair dismissal, you will be awarded a basic award, which is based on a fixed calculation, depending on your age and your [...]

By |2018-03-07T14:32:50+00:00March 7th, 2018|