The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

29,000 claims a year despite 50 years since Equal Pay Act – The Guardian

‘A consistently high number of workers are alleging that their employers are illegally paying them less than colleagues in similar roles, according to research released to mark the 50th anniversary of the Equal Pay Act.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

COVID-19: The ‘New Normal’ Experiences in the Employment Tribunal – Parklane Plowden

‘In 18th March 2020, the Presidents of the Employment Tribunal (Scotland) and (England and Wales) released Presidential Guidance.’

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Parklane Plowden, 11th May 2020

Source: www.parklaneplowden.co.uk

Shut-down firm ordered to pay former staff £375,000 – Legal Futures

‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’

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Legal Futures, 22nd May 2020

Source: www.legalfutures.co.uk

Reilly v Secretary of State for Education – Blackstone Chambers

‘This decision exemplifies the stricter approach the courts are now taking in disciplinary cases where the regulated person fails to attend a hearing.’

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Blackstone Chambers, 13th May 2020

Source: www.blackstonechambers.com

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Employment Tribunals in the pandemic: The Presidential Guidance, the reality, and the future – 3PB

Posted May 13th, 2020 in chambers articles, coronavirus, employment, employment tribunals, news by sally

‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

Chelsea Brooke-Ward and Nathan Davis comment upon the Law Commission’s recommendations for the Employment Tribunal Structure and Jurisdiction – Park Square Barristers

Posted May 12th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘Yesterday [30 April] the Law Commission released its Recommendations following The Law Commission’s 13th Programme of Law Reform which included a review of the employment law hearing structures.’

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Park Square Barristers, 1st May 2020

Source: www.parksquarebarristers.co.uk

Weinstein director “must comply” with disclosure order – Litigation Futures

‘A former member of the board of the Weinstein Company does have to comply with a disclosure order in a sexual harassment case despite not living in the UK, the Employment Appeal Tribunal has ruled.’

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Litigation Futures, 7th May 2020

Source: www.litigationfutures.com

Niran de Silva on the Law Commission Report on Employment Law Hearing Structures – Littleton Chambers

Posted May 7th, 2020 in employment tribunals, Law Commission, news, reports by sally

‘On 29 April 2020, the Law Commission published its report on Employment Law Hearing Structures. The Report runs to just over 200 pages and concludes with 23 recommendations to improve the Employment Tribunal’s ability to resolve disputes.’

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Littleton Chambers, 30th April 2020

Source: littletonchambers.com

The Law Commission Recommends Wide Ranging Changes to Employment Tribunals’ Powers – Parklane Plowden Chambers

Posted May 5th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘On 29 April 2020 the Law Commission published its recommendations for changes to the jurisdiction and powers of employment tribunals. It would be fair to say that the statutory nature of the tribunal’s powers has given rise to anomalies: jurisdiction is constrained in certain contexts, and there are a number of discrepancies between the extent of the jurisdiction of civil courts on the one hand and employment tribunals on the other.’

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Parklane Plowden Chambers, 1st May 2020

Source: www.parklaneplowden.co.uk

Law Commission unveils employment tribunal reform package – Litigation Futures

‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’

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Litigation Futures, 30th April 2020

Source: www.litigationfutures.com

Call for employment tribunals to have more power to protect workers – The Guardian

‘Employment tribunals should be given powers to make awards of up to £100,000 for breach of contract and to deal with disputes where staff are still in work, the Law Commission has recommended.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

Leading forensic scientist wins sex discrimination case – Daily Telegraph

‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’

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Daily Telegraph, 23rd April 2020

Source: www.telegraph.co.uk

Tribunal “incredulous” after firm secretary ends up in client’s will – Legal Futures

‘An employment tribunal has expressed its “incredulity” at the way a solicitor’s former secretary befriended one of his clients and ended up in the client’s will.’

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Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk

Covert recordings: does the end justify the means? – 12 King’s Bench Walk

‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’

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12 King's Bench Walk, 25th March 2020

Source: www.12kbw.co.uk

Head of legal nets fresh employment hearing after tribunal member found to be asleep – Local Government Lawyer

‘A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.’

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Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

The Maya Forstater case and so-called ‘gender critical’ feminism: what was actually decided and what does it reveal about UK discrimination law? – Oxford Human Rights Hub

‘In Forstater v CGD (2019), a think tank did not renew its contract for consultancy services with the claimant, Maya Forstater, allegedly because of Forstater expressing so-called ‘gender critical’ beliefs. Forstater claimed that she had suffered direct discrimination for having a protected belief under section 10 of the Equality Act 2010. In a preliminary decision, the employment tribunal considered whether the claimant’s belief was indeed protected. Tayler J identified the core of the claimant’s belief to be that sex is biologically immutable and, in no circumstances, is a trans woman ‘a woman’ or a trans man ‘a man’, even when the person in question has a Gender Recognition Certificate under the Gender Recognition Act 2004 (paragraph [77]). Due to the belief’s ‘no circumstances’ aspect, the judge labelled it ‘absolutist’ ([84]).’

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Oxford Human Rights Hub, 22nd March 2020

Source: ohrh.law.ox.ac.uk

Illegality and separating a PD from an underlying dispute – 3PB

‘Tracey Robinson (‘C’) was hired by Mr Cathcart on behalf of the Crown Prince Ras-alKhaimah (‘the Sheikh’) in 2007 to carry out a number of duties including looking after the Sheikh’s children and properties in the UK. The contract clearly stipulated that C was responsible for paying her own tax.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk