Current Employment Legislation In The UK
Current Employment Legislation – ML Solicitors; Are you in search of experienced legal professionals to guide and work with your organisation to ensure that you are fully compliant with all current employment legislation in the UK? Then you should make a no obligation call to the highly qualified and experienced legal team at Michael Lewin Solicitors discover how our experts could offer advice that is tailored to suit your business needs protecting the best interests of your company and working to ensure that you comply with all current legislation on employment in the UK.
Pay and Benefits Magazine published an article on 30 April 2013 discuss the outcomes of various recent employment tribunal hearings including that of Onyango v Berkeley (trading as Berkeley Solicitors)  All ER (D) 178 (Mar).
The article summarises "An employee chose to rely on a letter and a report as protected disclosures. However these were dated after his termination. The issue is whether the tribunal had jurisdiction to consider the documents."
It explains that "The employee worked between March 2009 and 15 June 2010. He later brought claims of direct race discrimination harassment and victimisation. In his form ET1 he sought to rely on a letter dated 13th of August 2010 to the employer and a report to the Legal Complaints Service dated 17th of September as protected disclosures. This led to allegations of forgery and dishonesty made by the employer against him (the 47B complaint) in turn leading to his being investigated by the Solicitors Regulatory Authority. It was accepted that following the House of Lords’ opinions in Relaxion Group plc v Ryhs-Harper and conjoined appeals  that’s a complaint under s 47B of the Employment Rights Act 1996 in respect are protected disclosures could rely on a post-termination detriment. Accordingly the only question was whether the protected disclosure might occur after termination of the relevant employment. The tribunal ruled that it did not have declined jurisdiction to consider the s 47B complaint. The employee appealed against that finding."
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Following an appeal it was determined that the tribunal in the above-mentioned article had been wrong to decline jurisdiction to consider the s 47B complaint. The article says "Since the detriment should occur in the causatively linked to the protected disclosure it followed that it should come later in time and since the detriment might arise post termination there was no warrant for limiting it to the duration of the employment."
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