Judges parachuted in to help employment tribunal backlog – Litigation Futures

Posted September 21st, 2020 in coronavirus, delay, employment, employment tribunals, news by sally

‘Deploying non-employment judges into employment tribunals (ETs) and more remote hearings are part of a package of measures announced by the government yesterday to help the system cope with the high level of demand.’

Full Story

Litigation Futures, 18th September 2020

Source: www.litigationfutures.com

Gender-fluid engineer wins landmark UK discrimination case – The Guardian

‘Judge decides that there is protection for non-binary people under the Equality Act.’

Full Story

The Guardian, 17th September 2020

Source: www.theguardian.com

Tribunal awards 10 UK homecare workers £10,000 each in back pay – The Guardian

‘Ruling says travel and waiting time between cases should be treated as working time.’

Full Story

The Guardian, 15th September 2020

Source: www.theguardian.com

Do black lives matter in the employment justice system? – Garden Court Chambers

‘Paper produced by Mukhtiar Singh of the Garden Court Employment and Discrimination Law Team.’

Full Story

Garden Court Chambers, 14th September 2020

Source: www.gardencourtchambers.co.uk

Tribunal upholds award to age discrimination job interview solicitor – Law Society’s Gazette

‘The employment tribunal has declined to change its compensation award made to a solicitor who claimed age discrimination when he was turned down for a job.’

Full Story

Law Society's Gazette, 27th August 2020

Source: www.lawgazette.co.uk

Judge rejects challenges to £13k award for age discrimination solicitor – Legal Futures

Posted August 27th, 2020 in age discrimination, damages, employment tribunals, law firms, news, solicitors by sally

‘An employment judge has refused applications from both sides to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination by a law firm.’

Full Story

Legal Futures, 27th August 2020

Source: www.legalfutures.co.uk

Former trainee doctor in contempt for online campaign against judge – Legal Futures

‘A former trainee doctor has been found in contempt of court for repeatedly breaching injunctions imposed on him to stop using a website to harass a circuit judge.’

Full Story

Legal Futures, 26th August 2020

Source: www.legalfutures.co.uk

Is it an error of law to consider the requirements of s6 EQA in a sequential order? No, says the EAT in Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA – 3PB

‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’

Full Story

3PB, 3rd August 2020

Source: www.3pb.co.uk

Worker Status Sent Spinning: Case summary of Varnish v British Cycling – 3PB

‘Ms Varnish (the Claimant) is a talented cyclist. She holds world records for track cycling and has won medals at the European Championships, World Cup and Commonwealth Games. She entered into an “Athlete Agreements” with British Cycling (the Respondent). This agreement expressly stated that it was not a contract of employment, that the Respondent would develop an Individual Rider Plan and provide the Claimant with support required, and that the Claimant would, among other things, train to the best of her abilities. The agreement provided for suspension and termination by the Respondent in certain circumstances.’

Full Story

3PB, 3rd August 2020

Source: www.3pb.co.uk

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

Full Story

3PB, 3rd August 2020

Source: www.3pb.co.uk

Partner fired for ‘topping up’ fees overturns tribunal ruling – Legal Futures

‘The Employment Appeal Tribunal has overturned a ruling that a law firm was entitled to fire a partner who was accused of “topping up” legal aid fees with cash from a client’s father.’

Full Story

Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

Uber BV v Aslam – Old Square Chambers

‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’

Full Story

Old Square Chambers, 21st July 2020

Source: www.oldsquare.co.uk

Equal Pay, Parental Rights, Personal Beliefs and Protest Movements – a review of recent developments in the areas of sport and employment law – Littleton Chambers

‘Across the board people have been reassessing how the traditional views of what it means to be an “employee” fit within our modern world.’

Full Story

Littleton Chambers, 21st July 2020

Source: littletonchambers.com

Barrister tribunal chair was ‘worker’, judge rules – Legal Futures

Posted July 29th, 2020 in barristers, employment, employment tribunals, holiday pay, news by tracey

‘A barrister who sits as a tribunal chair for the Nursing and Midwifery Council (NMC) is a “worker” and entitled to holiday pay, an employment tribunal has ruled, opening the door to thousands of other claims.’

Full Story

Legal Futures, 29th July 2020

Source: www.legalfutures.co.uk

Whistleblowers’ lawyers “fear retaliation” over NDAs – Legal Futures

‘Lawyers acting for whistleblowers have told MPs and peers that they can feel intimidated to raise concerns over non-disclosure agreements (NDAs) because of the threat of retaliation.’

Full Story

Legal Futures, 23rd July 2020

Source: www.legalfutures.co.uk

Young CICA solicitor was not unfairly dismissed – Legal Futures

‘A young solicitor at the Criminal Injuries Compensation Authority (CICA), who left only six months after completing her traineeship because her fixed-term contract (FTC) had expired, was not unfairly dismissed, an employment tribunal has ruled.’

Full Story

Legal Futures, 20th July 2020

Source: www.legalfutures.co.uk

Fewer than half of employment tribunal claimants use lawyers – Legal Futures

Posted July 13th, 2020 in employment, employment tribunals, legal representation, news, statistics by sally

‘Fewer than half of employment tribunal claimants use a lawyer, with most of those unrepresented at hearings saying it was because they could not afford one, according to government research.’

Full Story

Legal Futures, 13th July 2020

Source: www.legalfutures.co.uk

Court of Appeal Re-examines Test for Causation Under Section 15 of the Equality Act 2010 – Old Square Chambers

‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’

Full Story

Old Square Chambers, 7th July 2020

Source: www.oldsquare.co.uk

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

Full Story

3PB, 1st July 2020

Source: www.3pb.co.uk

Guidance from the EAT as to the calculation of a week’s pay and profitability bonuses: Econ Engineering Limited (Appellant) v Mr P Dixon and Others (Respondent) – Parklane Plowden Chambers

‘For sums to be included in the calculation of a week’s pay by reference to S.221(2) Employment Rights Act (ERA) 1996, completion of normal working hours must be both a necessary and a sufficient condition for the entitlement to the relevant payment.’

Full Story

Parklane Plowden Chambers, 6th July 2020

Source: www.parklaneplowden.co.uk