Head Teacher’s Safeguarding responsibilities – Employment Law Blog

‘A v B Local Authority and C Governing Body of School [2016] EWCA Civ 766 is concerned with whether an ET had been entitled to find that a Head Teacher of a primary school had been fairly summarily dismissed for gross misconduct, i.e. putting the safety of children at risk, for failing to disclose to the school authorities her close personal relationship with a male (IS) convicted of making indecent images of children by downloading them onto his computer. The ET’s finding was upheld by the EAT (Wilkie J presiding) and has now been upheld by a majority in the Court of Appeal (Black and Floyd LJJ). Elias LJ dissented.’

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Employment Law Blog, 20th July 2016

Source: www.employment11kbw.com

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What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

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Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk

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How Much Can I Claim? – No. 5 Chambers

‘Every year the Government reviews and uprates the level of employment protection payments. The new rates come into effect on 6 April each year.’

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No. 5 Chambers, 27th May 2016

Source: www.no5.com

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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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Dismissed NHS whistleblower who exposed safety concerns handed £1.22m – The Guardian

Posted February 5th, 2016 in damages, health & safety, hospitals, news, unfair dismissal, whistleblowers by tracey

‘An NHS whistleblower who was unfairly sacked after exposing concerns about patient safety has been awarded £1.22m in damages by a hospital trust.’

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The Guardian, 4th February 2016

Source: www.guardian.co.uk

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Drugs boss who said he ‘only employs beautiful women’ guilty of sexism – Daily Telegraph

Posted November 17th, 2015 in employment, harassment, news, sex discrimination, tribunals, unfair dismissal by tracey

‘The boss behind a banned cancer “wonder drug” has been found guilty of sex discrimination after writing “Red lipstick, heels – good” on his personal assistant’s job application.’

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Daily Telegraph, 17th November 2015

Source: www.telegraph.co.uk

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Employment tribunal fees ‘may put off claimants’ – BBC News

‘The father of three sisters who brought employment claims against an award-winning chef has said tribunal fees could put people off filing a dispute.’

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BBC News, 9th November 2015

Source: www.bbc.co.uk

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Ramphal v Department for Transport – Littleton Chambers

‘In Ramphal v Department for Transport, the Employment Appeal Tribunal (EAT) provided clear guidance on the extent of the role that human resources (HR) departments may legitimately perform during a disciplinary procedure.’

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Littleton Chambers, 7th October 2015

Source: www.littletonchambers.com

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On fairness and principle: the legacy of ZZ re-examined – Michael Rhimes – UK Human Rights Blog

‘Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776 (21 July 2015). In my last post on UKHRB I commented on developments in UK, ECHR and EU jurisprudence relating to procedural fairness in the context of national security.
The developments in this recent case offer some further interesting thoughts on the topic.’

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UK Human Rights Blog, 6th August 2015

Source: www.ukhumanrightsblog.com

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Gillingham and chairman Paul Scally fined £75,000 for ‘race victimisation’ – The Guardian

‘Gillingham and their chairman, Paul Scally, have each been fined £75,000 for “race victimisation” relating to the departure of the striker Mark McCammon in 2011.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Kiani v Secretary of State for the Home Department – WLR Daily

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

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Assignment and Ignored Instructions – Littleton Chambers

Posted July 25th, 2015 in assignment, news, transfer of undertakings, unfair dismissal by sally

‘It has long been accepted that the issue of whether an employee is “assigned” to an undertaking or part of an undertaking (and thus is subject to a relevant transfer for the purposes of the TUPE Regulations 2006) is a difficult and multifactorial question the outcome of which can often be difficult to predict.’

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Littleton Chambers, 18th July 2015

Source: www.littletonchambers.com

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Sharpe v Bishop of Worcester (in his corporate capacity) – WLR Daily

Sharpe v Bishop of Worcester (in his corporate capacity) [2015] EWCA Civ 399; [2015] WLR (D) 196

‘In determining the question of whether a person was a “worker” within the meaning of section 43K(1)(a) of the Employment Rights Act 1996, the words “terms on which he is or was engaged to do the work” required the person to have a contract with the person of whom he was said to be a “worker”.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

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Banker who won tribunal after being dubbed ‘Crazy Miss Cokehead’ warns others against taking legal action – Daily Telegraph

‘A banker awarded £3.2 million for sexual harassment after being nicknamed “Crazy Miss Cokehead” and “Miss Bonkers” by bullying male colleagues has described her tribunal as “hell” and cautioned other victims thinking of pursuing a similar claim.’

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Daily Telegraph, 30th April 2015

Source: www.telegraph.co.uk

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‘Unfair’ dismissal of full-time mayor from role at a school could be justified, says EAT – OUT-LAW.com

‘A former member of staff at a school in Merseyside was not entitled to compensation when he was dismissed from his role, as his full-time work as the elected mayor of Liverpool was incompatible with him continuing as an employee, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 17th April 2015

Source: www.out-law.com

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Academy terminating prior arrangement – Education Law Blog

‘In Anderson v Chesterfield High School UKEAT/0206/14/MC, Mr Anderson is currently the elected Mayor of Liverpool. This is an executive post and regarded as full-time. The position carries with it an annual allowance of almost £80,000. He had previously held positions as Councillor of Liverpool City Council, the Leader of the opposition on the Council and ultimately at the time of his election as Mayor, Leader of the Council, which was in effect a full-time post with an annual allowance of approximately £50,000.’

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Education Law Blog, 16th April 2015

Source: www.education11kbw.com

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Banker dubbed ‘Crazy Miss Cokehead’ awarded £3.2m for sexual harassment – Daily Telegraph

‘Cambridge graduate Svetlana Lokhova in cash payout from London branch of Sberbank CIB after being driven to mental breakdown by bullying colleagues.’

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Daily Telegraph, 7th April 2015

Source: www.telegraph.co.uk

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Dow Jones worker ‘made to dress as Santa’ wins unfair dismissal case – BBC News

‘A middle-aged accountant who said he was forced to dress up as Father Christmas and branded an “old buffer” has won his claim for unfair dismissal.’

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BBC News, 6th March 2015

Source: www.bbc.co.uk

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Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 33; [2015] WLR (D) 83

‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

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New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

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