ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers

‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’

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Old Square Chambers, 24th February 2020

Source: www.oldsquare.co.uk

Samira Ahmed and BBC reach equal pay settlement – Daily Telegraph

‘Samira Ahmed and the BBC have reached a settlement after the presenter won her equal pay claim against the corporation.’

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Daily Telegraph, 24th February 2020

Source: www.telegraph.co.uk

Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB

‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Council-owned company defends unfair dismissal claim from ADHD sufferer – Local Government Lawyer

‘A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Strike Out: seriousness of default and possibility of a fair trial require careful consideration – 3PB

‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Diplomatic immunity and leapfrog – 3PB

Posted February 20th, 2020 in appeals, diplomats, employment tribunals, immunity, news, Supreme Court by sally

‘The EAT has given permission to appeal directly to the Supreme Court for the first time, on the issue of scope of diplomatic immunity.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Ethical veganism: a philosophical belief – 3PB

‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

EAT Applies Jhuti Principles to Uddin v London Borough of Ealing – Old Square Chambers

‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’

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Old Square Chambers, 17th February 2020

Source: www.oldsquare.co.uk

Employees and child protection issues – Local Government Lawyer

‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’

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Local Government Lawyer, 14th February 2020

Source: www.localgovernmentlawyer.co.uk

Capacity Issues in the Employment Tribunal – Littleton Chambers

Posted February 11th, 2020 in disabled persons, employment tribunals, mental health, news by sally

‘Employment tribunals have particular expertise in dealing with matters relating to disability, including mental health conditions, and are generally well-equipped to ensure that litigants with mental health conditions are able to participate in proceedings to the fullest extent possible.’

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Littleton Chambers, 10th February 2020

Source: www.littletonchambers.com

Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Senior doctor struck off after spying on 15-year-old girl in shower – The Independent

‘One of the NHS’ most senior doctors has been struck off after spying on a 15-year-old girl as she showered.’

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The Independent, 6th February 2020

Source: www.independent.co.uk

Basfar v Wong – Diplomatic Immunity, Human Trafficking and “Commercial Activities” Revisited – Littleton Chambers

‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’

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Littleton Chambers, 4th February 2020

Source: www.littletonchambers.com

EP 102: BBC Pay Discrimination – Shaheen Rahman QC – Law Pod UK

Posted February 4th, 2020 in BBC, employment tribunals, equal pay, news, women by sally

‘In Episode 102 Emma-Louise Fenelon talks to Shaheen Rahman QC about Samira Ahmed’s decisive Employment Tribunal victory against the BBC.’

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Law Pod UK, 3rd February 2020

Source: audioboom.com

Employment Tribunal provides reasoning in ethical veganism case – UK Human Rights Blog

Posted January 31st, 2020 in employment, employment tribunals, equality, harassment, human rights, news, veganism by sally

‘Following his headline-grabbing finding on 3rd January 2020 that “ethical veganism is a philosophical belief which qualifies as a protected belief within the meaning of section 10 of The Equality Act 2010”, Norwich Employment Tribunal Judge Postle has now provided his full determination.’

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UK Human Rights Blog, 29th January 2020

Source: ukhumanrightsblog.com

Court rejects LiP’s “indiscriminate attack” on legal expenses insurers – Litigation Futures

‘The High Court has struck out a claim by a litigant-in-person (LiP) who responded to the failure of her employment tribunal case by launching an “indiscriminate attack” against legal expenses insurers and regulators.’

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Litigation Futures, 30th January 2020

Source: www.litigationfutures.com

Solicitor rejected for job was victim of age discrimination – Legal Futures

‘An experienced property solicitor was rejected for a job at a law firm despite being the only person interviewed because of age discrimination, an employment tribunal has ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

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UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com