Appeal judge orders re-hearing of employment claim against council where most of written reasons of tribunal were copied from evidence or submissions of local authority – Local Government Lawyer

‘The Employment Appeal Tribunal has ordered a re-hearing of claims by an ex-employee against a local authority, after finding that most of the Employment Tribunal’s written reasons were copied from the council’s witness evidence or written submissions.’

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Local Government Lawyer, 26th November 2024

Source: www.localgovernmentlawyer.co.uk

Protected Conversations under section 111A of the Employment Rights Act – Kingsley Napley Employment Law Blog

Posted November 26th, 2024 in agreements, employment tribunals, evidence, news, redundancy, unfair dismissal by tracey

‘The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.’

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Kingsley Napley Employment Law Blog, 20th November 2024

Source: www.kingsleynapley.co.uk

Swimming coaches win unfair dismissal tribunal – BBC News

Posted November 18th, 2024 in employment, employment tribunals, news, unfair dismissal by tracey

‘Two swimming coaches were unfairly dismissed and subjected to “unfounded” comments about safeguarding concerns, an employment tribunal has found.’

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BBC News, 18th November 2024

Source: www.bbc.co.uk

Security guard sues Science Museum for allegedly denying suitable chair – The Guardian

‘A cancer survivor with chronic health problems is suing one of the UK’s most prestigious museums for discrimination for allegedly denying her a suitable chair to sit on when she is at work.’

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The Guardian, 17th November 2024

Source: www.theguardian.com

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Splitting hairs: A review of the ‘related to’ test under section 26 Equality Act 2010 – Cloisters

‘In Finn v British Bung Manufacturing Company [2023] EAT 165, the EAT upheld an employment tribunal’s decision that calling a male colleague a ‘bald c**nt’ was harassment related to sex. The employer’s counterargument, that baldness is not an exclusively male characteristic, failed.’

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Cloisters, 8th October 2024

Source: www.cloisters.com

Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, news, time limits by sally

‘A litigant wishing to appeal against a decision of the Employment Tribunal must issue a Notice of Appeal within 42 days of either the Tribunal’s order or the date on which the written reasons were sent to the parties.’

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Devereux Chambers, 3rd October 2024

Source: www.devereuxchambers.co.uk

Council worker who objected to pronouns policy ordered to pay £12k in costs after losing employment tribunal – Local Government Lawyer

‘A council worker who protested against his local authority employer’s pronouns policy has been ordered to pay £12,000 in costs after his claim of unfair dismissal was dismissed in the Employment Tribunal.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Disabled paralegal’s £41k damages over unfair law firm dismissal – Legal Futures

‘A paralegal has been awarded £41,000 in damages against a law firm that unfairly dismissed and discriminated against her because she could not work full-time due to disability.’

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Legal Futures, 11th November 2024

Source: www.legalfutures.co.uk

Thousands of UK Bolt drivers win legal claim to be classed as employees – The Guardian

‘An employment tribunal ruled that 15,000 Bolt drivers were not self-employed contractors who ran their own businesses.’

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The Guardian, 8th November 2024

Source: www.theguardian.com

City firm unfairly dismissed associate over party misconduct claims – Legal Futures

‘A leading City law firm unfairly dismissed a senior associate for sexual misconduct after a defective investigation and disciplinary process, an employment tribunal has ruled.’

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Legal Futures, 7th November 2024

Source: www.legalfutures.co.uk

Swearing at work is particularly common in north of England, judge says – The Guardian

Posted November 6th, 2024 in employment, employment tribunals, judges, news, unfair dismissal by tracey

‘As every southerner knows, people from the north of England will not eat chips without gravy, insist on talking to every stranger they meet and often sport a flat cap when walking the whippet. But do they also swear more? In an employment tribunal judgment that raises further questions about regional stereotypes, a judge has suggested that swearing in the workplace is particularly common in the north.’

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The Guardian, 5th November 2024

Source: www.theguardian.com

Disability-related absences and dismissal – Local Government Lawyer

‘Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.’

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Local Government Lawyer, 30th October 2024

Source: www.localgovernmentlawyer.co.uk

Woman sacked after getting pregnant on maternity leave gets £28,000 payout – The Independent

‘A woman has been given a payout of more than£28,000 after a tribunal found she was laid off from her job because she returned from maternity leave pregnant.’

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The Independent, 23rd October 2024

Source: www.independent.co.uk

Anti-Zionism as a protected belief: final judgment in Miller v University of Bristol – Law & Religion UK

‘In February, we posted Anti-Zionism as a protected belief: Miller, which commented on the case of Dr David Miller v University of Bristol [2024] ET 1400780/2022. Dr Miller had been appointed Professor of Political Sociology at the University from 1 September 2018, but in 2019 there were complaints about his conduct, including what was said to be his use of antisemitic language. The Community Security Trust charity said that a lecture he had given had been a “false, vile, anti-Semitic slur”. The University appointed an independent barrister to investigate this as part of its internal complaints procedure, who concluded on 4 December 2020 that there was no formal case to answer in connection with any of the matters investigated.’

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Law & Religion UK, 16th October 2024

Source: lawandreligionuk.com

Serial litigant’s history does not make claim vexatious, rules tribunal – Law Society’s Gazette

‘A serial litigant accused of pursuing unrealistic job applications to then bring discrimination claims has been allowed to pursue his latest action.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

Social worker awarded £55k and £8k costs after accusing council employer of discriminating against protected beliefs – Local Government Lawyer

‘A social worker who worked for Cambridgeshire County Council has been awarded more than £55,000 in compensation and £8,000 in costs, after asserting that she was discriminated against for reasons relating to her gender critical beliefs and/or sexual orientation.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

Procedural steps not taken by employee irrelevant to constructive dismissal claim – Local Government Lawyer

‘An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT) involving a local authority. Sharmin Chowdhury analyses the judgment.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

Bolt drivers seek to be classed as workers at London employment tribunal – The Guardian

‘Drivers working for Bolt, the ride-hailing app operator, are seeking to be classed as workers rather than self-employed contractors at an employment tribunal.’

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The Guardian, 11th September 2024

Source: www.theguardian.com

Barrister “ineligible for judicial posts” fails in JAC discrimination claim – Legal Futures

‘An employment tribunal has struck out a discrimination claim brought by a disabled barrister over his failed applications for judicial appointment because he was not eligible for the posts he sought.’

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Legal Futures, 9th September 2024

Source: www.legalfutures.co.uk