Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Dismissal for a political affiliation – Local Government Lawyer

‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Ex-director given another chance to appeal eight-year-old ET judgment – Law Society’s Gazette

‘The High Court has granted more time for a former law firm director to challenge a coruscating judgment against her more than eight years after it was handed down.’

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Law Society's Gazette, 2nd September 2022

Source: www.lawgazette.co.uk

Employment, freedom of speech and Evangelical views on sexuality: Walters – Law & Religion UK

‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’

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Law & Religion UK, 29th August 2022

Source: lawandreligionuk.com

A rare EAT finding of the appearance of unconscious confirmation bias – Doughty Street Chambers

‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’

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Doughty Street Chambers, 1st August 2022

Source: insights.doughtystreet.co.uk

Woman told not to let ‘hormones get out of control’ wins age discrimination case – Daily Telegraph

Posted August 16th, 2022 in age discrimination, employment tribunals, news, unfair dismissal by sally

‘A middle-aged woman regarded as “menopausal” by her younger male boss has won an age discrimination case after being told not to let her hormones get “out of control”, an employment tribunal has heard.’

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Daily Telegraph, 15th August 2022

Source: www.telegraph.co.uk

Solicitor’s pay cut for moving north was lawful, tribunal rules – Law Society’s Gazette

‘The Crown Prosecution Service was entitled to reduce the salary of a solicitor who moved to the north-east, an employment judge has ruled.’

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Law Society's Gazette, 3rd August 2022

Source: www.lawgazette.co.uk

Ageism and antisemitism in employment: Dooley – Law & Religion UK

‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’

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Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

Discrimination and Freedom of Belief in the Sex and Gender Debate – UK Human Rights Blog

‘We do not usually cover first-instance employment tribunal judgments on this blog, but two cases handed down in the last three weeks – Forstater v. CGD Europe and Bailey v. Stonewall Equality Ltd and Garden Court Chambers – have attracted so much attention that we feel an exception must be made. Both cases involved women with ‘gender critical’ beliefs who faced hostility in their workplaces after expressing them. Both succeeded in their claims of direct discrimination and victimisation on grounds of belief under the Equality Act 2010. Although neither of the cases sets a binding precedent for other courts or tribunals, they contain interesting legal analysis and comment about the importance of freedom of expression and freedom of belief in the context of work which is of wider significance.’

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UK Human Rights Blog, 3rd August 2022

Source: ukhumanrightsblog.com

Labour MP unfairly sacked senior adviser who called him ‘first class idiot’, tribunal finds – The Independent

‘A Labour MP unfairly dismissed his aide and ex-girlfriend after she felt “marginalised and isolated” in the months leading up to her losing her job, a tribunal has found.’

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The Independent, 3rd August 2022

Source: www.independent.co.uk

Allison Bailey: Barrister awarded £22,000 in discrimination case – BBC News

‘A barrister has won part of her employment tribunal claim that she was discriminated against because of her gender-critical views.’

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BBC News, 27th July 2022

Source: www.bbc.co.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

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UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

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BBC News, 7th July 2022

Source: www.bbc.co.uk

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

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UKSC Blog, 6th July 2022

Source: ukscblog.com

Maya Forstater was discriminated against over gender-critical beliefs, tribunal rules – The Guardian

‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has won her claim that she was unfairly discriminated against because of her gender-critical beliefs.’

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The Guardian, 6th July 2022

Source: www.theguardian.com

Crucifixes, neck-chains and food hygiene: Kovalkovs – Law & Religion UK

‘In Mr J Kovalkovs v 2 Sisters Food Group Limited [2022] UKET 4102454/2020, Mr Kovalkovs, an Orthodox Christian, was a quality inspector in 2 Sisters Food Group’s chicken processing factory. He wore a silver crucifix on a neck-chain as an expression of his faith. 2 Sisters’ Foreign Body Control policy stated that “jewellery must not be worn in the production areas on site, with the exception of a single plan band ring”. An exception was made for religious jewellery, subject to a risk assessment; however, the risk assessment concluded that “because the chain was made of links there was a risk of contamination” and there was a potential for “entanglement, entrapment or tearing”. Mr Kovalkovs refused to give up wearing his crucifix and was dismissed.’

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Law & Religion UK, 21st June 2022

Source: lawandreligionuk.com

Long Covid is a disability, tribunal rules in landmark case – Daily Telegraph

‘Long Covid is a disability, a tribunal has ruled in what employment experts say could result in a “significant increase” in the number of claims brought by people suffering with the syndrome.’

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Daily Telegraph, 20th June 2022

Source: www.telegraph.co.uk

COVID-19 and return-to-work refusers – Local Government Lawyer

‘Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.’

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Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk

Law firm fails in summary judgment bid over negligence claim – Legal Futures

‘A law firm being sued for more than £2m over a failure to advise properly has failed in its bid for summary judgment over several of the allegations made against it.’

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Legal Futures, 13th June 2022

Source: www.legalfutures.co.uk

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com