Merely technical breaches of TUPE, and can liability survive a withdrawal? – 3PB

Posted May 24th, 2022 in compensation, employment tribunals, news, transfer of undertakings by sally

‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk

First EAT consideration of a Covid-19 related dismissal – St Philips Barristers

‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’

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St Philips Barristers, 6th May 2022

Source: st-philips.com

Calling a man ‘bald’ is sexual harassment, employment tribunal rules – The Guardian

‘Calling a man “bald” is sexual harassment, an employment tribunal has ruled. Hair loss is much more prevalent among men than women so using it to describe someone is a form of discrimination, a judge has concluded. Commenting on a man’s baldness in the workplace is equivalent to remarking on the size of a woman’s breasts, the finding suggests.’

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The Guardian, 13th May 2022

Source: www.theguardian.com

Litigant banned over ‘unjustified’ complaints to regulators – Law Society’s Gazette

‘A former nurse who made “wholly inappropriate and unjustified allegations of wrongdoing” against lawyers has been banned from bringing proceedings for two years by a High Court judge, who said regulators must be “astute in identifying litigants who abusively use [the] regulatory process”.’

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Law Society's Gazette, 6th May 2022

Source: www.lawgazette.co.uk

Harassment in employment?: Ali v Heathrow Express – Law & Religion UK

‘Anis Ali, a Muslim, worked for the Heathrow Express which was at the relevant time run by the first respondent, Heathrow Express Operating Company Ltd. The second respondent, Redline Assured Security Ltd, was responsible for carrying out security checks at the airport and the Heathrow Express stations. The checks involved creating and leaving suspicious objects to test how security officers responded to them, and in August 2017 it carried out a test using a bag containing a box, some electric cable and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. Subsequently, the Operating Company sent an e-mail reporting on the results of the test and including images of the bag and the note to a group of employees – including Mr Ali.’

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Law & Religion UK, 19th April 2022

Source: lawandreligionuk.com

System failure led to default judgment against leading law firm – Legal Futures

‘Leading legal aid firm Duncan Lewis has been ordered to pay a former director costs of £6,500 for setting aside a default employment tribunal judgment caused by its internal failures.’

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Legal Futures, 13th April 2022

Source: www.legalfutures.co.uk

Litigator’s claim against ex-firm struck out for unless order failure – Legal Futures

‘A civil litigator with experience of employment disputes has had an unfair dismissal claim against his former firm struck out for failing to comply with an unless order.’

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Legal Futures, 12th April 2022

Source: www.legalfutures.co.uk

Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers

‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’

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Littleton Chambers, 21st March 2022

Source: littletonchambers.com

Employers can take action against striking workers, Court of Appeal decides – OUT-LAW.com

‘The English and Welsh Court of Appeal has reasserted the previously held view that protection against detriment on the grounds of “trade union activities” does not extend to strike action.’

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OUT-LAW.com, 29th March 2022

Source: www.pinsentmasons.com

Dismissal was part of firm’s fair redundancy process, judge rules – Law Society’s Gazette

‘A former law firm employee was dismissed because of redundancy measures made necessary during lockdown, an employment tribunal has found.’

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Law Society's Gazette, 25th March 2022

Source: www.lawgazette.co.uk

Lockdown conveyancing redundancy was genuine, tribunal rules – Legal Futures

‘A redundancy exercise run by a law firm in its conveyancing department following the first lockdown in 2020 was genuine, an employment tribunal has ruled.’

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Legal Futures, 24th March 2022

Source: www.legalfutures.co.uk

Guardian wins legal challenge over access to employment tribunal papers – The Guardian

‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’

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The Guardian, 22nd March 2022

Source: www.theguardian.com

Vexatious litigant banned after bringing 40 ET claims – Law Society’s Gazette

Posted March 14th, 2022 in employment, employment tribunals, equality, news, vexatious litigants by tracey

‘A vexatious litigant who brought more than 40 discrimination cases in a decade has been banned from bringing claims in the employment tribunal.’

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Law Society's Gazette, 11th March 2022

Source: www.lawgazette.co.uk

Woman in Mike Hill case may sue Commons over compensation – The Guardian

‘A woman who was repeatedly sexually assaulted and harassed by a former Labour MP is considering suing the House of Commons for failing to ringfence money that could cover her compensation.’

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The Guardian, 13th March 2022

Source: www.theguardian.com

Firm to pay £26,500 to worker sacked for not coming in on Jewish holiday – Law Society’s Gazette

‘An employment tribunal has ordered that a firm pay around £26,500 to a Jewish employee sacked after he did not come to work on Passover.’

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Law Society's Gazette, 7th March 2022

Source: www.lawgazette.co.uk

Equal pay litigation in retail – Law Society’s Gazette

Posted March 3rd, 2022 in employment tribunals, equal pay, equality, news, women by sally

‘It was back in the 1970s when equal pay legislation was introduced, and it is 12 years since the regulations were rebranded within the Equality Act 2010. So how far have we come in the quest for equal pay? If you are a female store-based supermarket worker, not far, it would seem.’

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Law Society's Gazette, 25th February 2022

Source: www.lawgazette.co.uk

Happy Birthday: Unfair Dismissal at 50 – by Hugh Collins – UK Labour Law

Posted March 3rd, 2022 in employment, employment tribunals, news, trade unions, unfair dismissal by sally

‘Half a century ago, on the 28th of February 1972, the provisions of the Industrial Relations Act 1971 that established an employee’s statutory right not to be unfairly dismissed came into force. To mark this anniversary, I offer some reflections on the significance and impact of this major legal innovation.’

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UK Labour Law, 3rd March 2022

Source: uklabourlawblog.com

SDT, BTAS and other tribunals face hefty bills after appeal court ruling – Legal Futures

Posted February 28th, 2022 in appeals, barristers, contract of employment, employment, employment tribunals, news by sally

‘The Court of Appeal has upheld a ruling that a barrister who sat as a tribunal chair for the Nursing and Midwifery Council (NMC) was a “worker” and entitled to sickness and holiday pay.’

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Legal Futures, 28th February 2022

Source: www.legalfutures.co.uk

A case management plea from the EAT – Local Government Lawyer

Posted February 7th, 2022 in appeals, case management, employment, employment tribunals, local government, news by tracey

‘Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk