Interpreters lose MoJ race bias challenge – Law Society’s Gazette

‘The Employment Tribunal did not ’misdirect’ itself when it dismissed two interpreters’ claims for racial discrimination against the Ministry of Justice, the Court of Appeal has ruled.’

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Law Society’s Gazette, 17th May 2016

Source: www.lawgazette.co.uk

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Childcare vouchers and maternity leave – Law Society’s Gazette

‘Employment Appeal Tribunal ruling on childcare vouchers is at odds with the approach taken by most employers.’

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Law Society’s Gazette, 9th May 2016

Source: www.lawgazette.co.uk

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Bike couriers launch legal fight over workers’ rights – BBC News

Posted April 22nd, 2016 in employment tribunals, holiday pay, news, remuneration, self-employment by tracey

‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’

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BBC News, 22nd April 2016

Source: www.bbc.co.uk

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The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

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Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

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FA asked to investigate, as Lucy Ward tribunal finds Leeds owner Massimo Cellino was sexist – The Independent

Posted April 14th, 2016 in employment tribunals, news, sex discrimination, sport by sally

‘The Football Association will be asked to launch an investigation into Leeds United owner Massimo Cellino and his former executive director Adam Pearson for alleged sexual discrimination, after an employment tribunal delivered a damning indictment of their decision to dismiss an experienced welfare worker from the club.’

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The Independent, 13th April 2016

Source: www.independent.co.uk

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The Future of Employment Tribunals: A Need for Change? – Littleton Chambers

‘Dodge the tumbleweed blowing down the corridors, enter any Employment Tribunal (ET) waiting room and you will almost certainly see at least one employment lawyer sitting, staring at the dregs in their polystyrene cup looking to see whether the tealeaves will reveal if and when ET litigation will rise again, or whether the end of the ET system is nigh.’

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Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

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Service Provision Changes and Multiple Organised Groupings – Littleton Chambers

‘Nicholas Siddall analyses the recent decision of Simler J(P) in Arch Initiatives v GMW Mental Health NHS Foundation Trust & Others [2016] UKEAT/0267/15/RN and seeks to analyse the wider importance of the decision.’

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Littleton Chambers, 5th April 2016

Source: www.littletonchambers.com

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Equality claims and health regulators – Availability of JR does not oust jurisdiction of ET – UK Human Rights Blog

‘Michalak v The General Medical Council & Ors [2016] EWCA Civ 172: This important case deals with the remedies available to individuals who claim to have suffered from discrimination, victimization, harassment or detriment in the treatment they have received from a “qualifications body” under s.53 of the Equality Act 2010 viz. any authority or body which can confer a relevant qualification (e.g. the GMC, ACCA etc.). It also clarifies the understanding of the place of judicial review in the context of internal and statutory appeals in cases of alleged discrimination contrary to the Equality Act 2010.’

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UK Human Rights Blog, 11th April 2016

Source: www.ukhumanrightsblog.com

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NHS worker who gave Muslim colleague Christian book loses appeal against suspension – The Independent

‘A Christian NHS worker, who was suspended after giving a religious book to a Muslim colleague, has lost her appeal against a ruling that the decision was lawful.’

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The Independent, 8th April 2016

Source: www.independent.co.uk

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General Medical Council v Michalak – WLR Daily

General Medical Council v Michalak [2016] EWCA Civ 172

‘The claimant doctor made a complaint of discrimination against the respondent General Medical Council, alleging that, as a qualifications body, it had subjected her to a detriment in the course of its Fitness to Practise Panel procedure, contrary to section 53(2)(c) of the Equality Act 2010. At a preliminary hearing to determine whether the employment tribunal had jurisdiction under section 120 of the Act, an employment judge held that the claim was not excluded by section 120(7), as the act complained of was not subject “by virtue of an enactment” to “an appeal or proceedings in the nature of an appeal”, since there was no right of appeal under the Medical Act 1983 from a decision of the panel, nor did judicial review provide a means to challenge its decision. The Employment Appeal Tribunal allowed the General Medical Council’s appeal, holding that judicial review proceedings were proceedings “in the nature of an appeal” that arose “by virtue of an enactment”, namely section 31 of the Senior Courts Act 1981, that were available to the claimant, thereby precluding the jurisdiction of the employment tribunal.’

WLR Daily, 23rd March 2016

Source: www.iclr.co.uk

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Trainee Doctors and Whistleblowing – Littleton Chambers

Posted March 22nd, 2016 in appeals, doctors, employment tribunals, news, whistleblowers by sally

‘In the judgment of the EAT in Day-v-Health Education England & Ors [2016] UKEAT/0250/15/RN it has been held that doctors in training do not possess the requisite relationship to allow them to bring a whistleblowing claim against Health Education England (their training organiser)’

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Littleton Chambers, 9th March 2016

Source: www.littletonchambers.com

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Reasonable Adjustment after Griffiths – Tanfield Chambers

Posted March 15th, 2016 in disabled persons, employment, employment tribunals, equality, news, sick leave by sally

‘Is an employer ever required to dis-apply an absence management policy or delay dismissal, as a reasonable adjustment for disability? Recent decisions have suggested that the answer is no, but in Griffiths v Secretary of State for Work and Pensions [2016] IRLR 216, the Court of Appeal has redefined the correct comparator in a disability claim in a way which may make this easier for an employee to argue.’

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Tanfield Chambers, 9th March 2016

Source: www.tanfieldchambers.co.uk

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Gay clergyman to appeal after losing discrimination claim – The Guardian

‘A gay clergyman who lost an employment tribunal against the Church of England has been given the right to appeal.’

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The Guardian, 15th March 2016

Source: www.guardian.co.uk

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This shaken baby syndrome case is a dark day for science – and for justice – The Guardian

‘A leading doctor faces being struck off for challenging the theory about the infant condition. It’s like Galileo all over again.’

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The Guardian, 14th March 2016

Source: www.guardian.co.uk

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Doctor who doubted shaken baby syndrome misled courts, panel rules – The Guardian

‘A Leading doctor who cast doubt on claims that parents had shaken their babies to death has been found guilty of misleading the courts.’

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The Guardian, 11th March 2016

Source: www.guardian.co.uk

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Magistrate who opposed gay couples adopting to sue Michael Gove – The Guardian

‘A Christian magistrate who was sacked after opposing adoption by gay parents on national television is planning to sue Michael Gove over the decision.’

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The Guardian, 13th March 2016

Source: www.guardian.co.uk

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“Good” appeals not being taken to EAT because of fees, former president claims – Litigation Futures

Posted February 25th, 2016 in appeals, employment tribunals, fees, judiciary, news by sally

‘The introduction of a £1,600 fee to bring a case to the Employment Appeal Tribunal (EAT) has deterred many ‘good’ appeals while having no effect on those that are ‘bad’ or ‘opportunistic’, the former president of the EAT has claimed.’

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Litigation Futures, 25th February 2016

Source: www.litigationfutures.com

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Starbucks employee wins dyslexia discrimination case – BBC News

Posted February 9th, 2016 in dyslexia, employment tribunals, learning difficulties, news by sally

‘A woman with dyslexia has won a disability discrimination case against her employer Starbucks after she was accused of falsifying documents.’

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BBC News, 9th February 2016

Source: www.bbc.co.uk

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Tribunal rules against doctor who made 99 claims against NHS – The Guardian

‘The conduct of a doctor who began 99 employment tribunal claims against the NHS in eight months fell “far below the standards to be expected” and was likely to “erode public confidence in the profession”, a disciplinary tribunal has ruled.
The Medical Practitioners Tribunal Service (MPTS) found Dr Farhan Hussain Zaidi’s fitness to practice was impaired by his misconduct and imposed conditions on his registration for 12 months.’

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The Guardian, 3rd February 2016

Source: www.guardian.co.uk

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Whistleblower judge: austerity policies have made courts dangerous – The Guardian

‘A district judge who is suing the Ministry of Justice after whistleblowing her complaints about courtroom dangers – death threats, violent claimants and hostage-taking – has spoken out for the first time about her experience of an under-resourced justice system.’

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The Guardian, 23rd January 2016

Source: www.guardian.co.uk

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