Is discernment for ordination training an offer of employment? McCalla – Law & Religion UK

Posted January 25th, 2023 in Church of England, employment, employment tribunals, equality, news by sally

‘In Professor Doreen McCalla v Lichfield Diocesan Board of Finance Inc & Anor [2022] UKET 1303655/2021, the claimant felt a call to ordination in the Church of England and went through its Discernment of Vocations Process between February 2016 and June 2021 but was rejected for training. She claimed discrimination in her treatment by the respondents and by others for whom she alleged the respondents were vicariously liable, both during the discernment process and in respect of its termination. She sued the Diocesan Board of Finance and the Bishop in his corporate capacity, initially claiming discrimination on grounds of sex, age and race [1-4], but by the time the claim came to trial it had been whittled down to a claim that either or both of the respondents had discriminated against her in the discernment process and its termination, in breach of s.55 (2) Equality Act 2010.’

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Law & Religion UK, 24th January 2023

Source: lawandreligionuk.com

Executive wins age discrimination case after being called ‘old fossil’ unable to manage millennials – Daily Telegraph

Posted January 24th, 2023 in age discrimination, compensation, employment tribunals, news by sally

‘A senior executive at a FTSE 250 company who was previously told by his younger boss he was an “old fossil” who “did not know how to manage millennials” has won an age discrimination case.’

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Daily Telegraph, 24th January 2023

Source: www.telegraph.co.uk

Sacked Twitter UK staff claim unlawful treatment in ‘sham’ redundancy – The Guardian

Posted January 12th, 2023 in dismissal, employment tribunals, news, redundancy by sally

‘A group of former workers at Twitter’s UK operation have accused the company of subjecting them to “unlawful, unfair and completely unacceptable” treatment during a “sham” redundancy process.’

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The Guardian, 11th January 2023

Source: www.theguardian.com

Amending Claims in the Employment Tribunal: Choudhury v Cerberus Security and Monitoring Services Limited [2022] EAT 172 – Farrar’s Buildings

‘The Claimant was employed by the respondent as a Security Officer from 24 March 2007. He was suspended on 12 April 2019. The Claimant was summarily dismissed on 24 September 2019 and he brought a claim in the Employment Tribunal for unfair dismissal and victimisation. The claim form hinted at some other claim of discrimination. The Claimant was at all times unrepresented.’

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Farrar's Buildings, 20th December 2022

Source: www.farrarsbuilding.co.uk

Law firm did not discriminate against disabled paralegal – Legal Futures

‘An employment tribunal has rejected disability discrimination claims made against a Welsh law firm by a paralegal dismissed after just nine days for his poor timekeeping.’

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Legal Futures, 10th January 2023

Source: www.legalfutures.co.uk

What the latest employment tribunal statistics reveal – Mills & Reeve

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

No jab no job: 5 care home workers dismissed for not taking the vaccine – Lamb Chambers

‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’

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Lamb Chambers, December 2022

Source: www.lambchambers.co.uk

Dyslexic M&S worker wins payout after being sacked over mistakes in emails – The Independent

‘A dyslexic Marks and Spencer worker has won more than £50,000 after losing her job following concerns about mistakes in her emails.’

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The Independent, 27th November 2022

Source: www.independent.co.uk

Footballer Quitongo loses race discrimination claim against former club – The Independent

Footballer Rico Quitongo has described losing his race discrimination claim against his former club as a “bitter blow”.

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The Independent, 24th November 2022

Source: www.independent.co.uk

Solicitor awarded £32,000 over anxiety during employment transfer – Law Society’s Gazette

‘A solicitor whose employment was transferred to another firm without notice or consultation has succeeded in a claim for constructive dismissal.’

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Law Society’s Gazette, 10th November 2022

Source: www.lawgazette.co.uk

Personal injury solicitor awarded £32,000 for unfair dismissal – Legal Futures

‘A personal injury solicitor who was transferred to a new law firm without notice or consultation has been awarded just under £32,000 in damages by an employment tribunal.’

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Legal Futures, 10th November 2022

Source: www.legalfutures.co.uk

New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com

‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Mother wins £60,000 over Morrisons discrimination – BBC News

‘Morrisons has been told to pay a mother £60,000 for discriminating against her when she returned from maternity leave.’

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BBC News, 31st October 2022

Source: www.bbc.co.uk

Dealing with workplace investigations and employee suspensions – Kingsley Napley Insights Blog

‘Whenever a company or organisation is carrying out an investigation, usually one of the first questions to consider is whether any of the employees involved should be suspended.’

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Kingsley Napley Insights Blog, 4th October 2022

Source: www.kingsleynapley.co.uk

Playboy club dancer was not employed by firm, tribunal finds – Law Society Gazette

‘A nightclub dancer offered work by a consultant solicitor was not employed by his firm, an employment tribunal has ruled. The now-deceased solicitor, referred to only as AD, had approached the woman at the club and offered her a job as his personal secretary. She had a young son and was studying part-time for a graduate diploma in law.’

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Law Society Gazette, 30th September 2022

Source: www.lawgazette.co.uk

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