Employment tribunal vindicates law firm’s denial that former employee was disabled – Legal Futures

‘A judge has dismissed a claim by a law firm paralegal that he was the victim of disability discrimination, finding he had “dishonestly” altered a document about his medical condition and that, in any case, he had not told his employer about his supposed post-traumatic stress disorder.’

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Legal Futures, 18th April 2018

Source: www.legalfutures.co.uk

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

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Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Paralegal subjected to f-word tirades by senior partner wins harassment claims – Legal Futures

‘A paralegal who was subjected to a “long accumulation of abuse” by the senior partner of a London law firm was the victim of harassment on the grounds of age and sex, an employment tribunal has found.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Ministry of Justice pays out nearly £2m in first two months of employment tribunal fee refund scheme – Litigation Futures

Posted January 22nd, 2018 in employment tribunals, fees, news, repayment by sally

‘The government repaid £1.8m to employment tribunal claimants in the first two months of the scheme set up in the wake of the Supreme Court ruling tribunal fees unlawful, it has revealed.’

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Litigation Futures, 19th January 2018

Source: www.litigationfutures.com

Leading employment law provider unfairly dismissed senior employee, tribunal finds – Legal Futures

‘The leading unregulated provider of employment law services unfairly dismissed a senior employee, an employment tribunal has found.’

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Legal Futures, 3rd January 2018

Source: www.legalfutures.co.uk

Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk

Tribunal fee repayment scheme to last two years and cost £2m to run – Litigation Futures

Posted December 20th, 2017 in employment tribunals, fees, news, repayment by sally

‘Repaying fees to employment tribunal claimants will continue for up to two years and cost the Ministry of Justice (MoJ) between £1.8m and £2m to administer, it has emerged.’

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Litigation Futures, 20th December 2017

Source: www.litigationfutures.com

Businesses fear rise in ‘vexatious’ tribunal claims – Law Society’s Gazette

Posted December 20th, 2017 in employment tribunals, fees, news, vexatious litigants by sally

‘Nine out of 10 companies believe that the removal of employment tribunal fees will lead to a rise in weak or misguided claims, a survey for an employers’ lobby group has concluded.’

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Law Society's Gazette, 19th December 2017

Source: www.lawgazette.co.uk

Three judges sue Ministry of Justice for race discrimination – The Guardian

‘Three judges from black and Asian backgrounds are suing the Ministry of Justice for race discrimination and victimisation, the Guardian has learned.’

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The Guardian, 19th December 2017

Source: www.theguardian.com

EAT decision shows employers must take care over changes to collective terms, expert warns – OUT-LAW.com

Posted December 18th, 2017 in appeals, consultations, employment tribunals, news, trade unions by sally

‘Employers keen to make changes to employee terms and conditions but who are unable to come to an agreement with a recognised trade union must be wary of collective bargaining laws, an expert has warned.’

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OUT-LAW.com, 14th December 2017

Source: www.out-law.com

Employment tribunal cases ‘double’ since Unison judgment – Law Society’s Gazette

Posted December 13th, 2017 in employment tribunals, fees, news, statistics by sally

‘The number of employment tribunal claims being brought has doubled in some areas since the Supreme Court declared the government’s tribunal fees unlawful, users have reported.’

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Law Society's Gazette, 12th December 2017

Source: www.lawgazette.co.uk

Government fights back in judges’ pension row – Law Society’s Gazette

Posted December 12th, 2017 in appeals, employment tribunals, judiciary, news, pensions by sally

‘The Employment Appeal Tribunal has begun hearing the government’s challenge to a ruling that its transitional pension arrangements for 210 judges amount to unlawful age discrimination.’

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Law Society's Gazette, 11th December 2017

Source: www.lawgazette.co.uk

May a faith-based nursery school sack a teacher for cohabitation? De Groen – Law & Religion UK

Posted December 12th, 2017 in cohabitation, employment, employment tribunals, news, teachers by sally

‘In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe.’

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Law & Religion UK, 12th December 2017

Source: www.lawandreligionuk.com

Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

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Cloisters, 6th December 2017

Source: www.cloisters.com

Jewish teacher wins tribunal after she was sacked for living with her boyfriend – Daily Telegraph

‘A Jewish teacher has won a tribunal after she was sacked for living with her boyfriend outside of wedlock.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Employment: Is the gig finally up for Uber? – Law Society’s Gazette

Posted December 4th, 2017 in appeals, employment, employment tribunals, interpretation, news, taxis by sally

‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’

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Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

Michalak v General Medical Council – Blackstone Chambers

‘The Supreme Court has decided that a doctor is not prevented from suing the GMC in the Employment Tribunal (“ET”) under the Equality Act 2010 (“2010 Act”) by the availability of judicial review.’

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Blackstone Chambers, 1st November 2017

Source: www.blackstonechambers.com

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com