Council chief executive sent unlawful email to union members, tribunal concludes – Local Government Lawyer

‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’

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Local Government Lawyer, 10th April 2024

Source: www.localgovernmentlawyer.co.uk

Yorkshire woman wins discrimination case after boss called her ‘emotional and tearful’ – The Guardian

‘Describing a pregnant woman as “very emotional and tearful” in the workplace amounted to discrimination, a tribunal has ruled.’

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The Guardian, 3rd April 2024

Source: www.theguardian.com

Tribunal throws out solicitor’s claim based on sale of practice – Legal Futures

‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’

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Legal Futures, 2nd April 2024

Source: www.legalfutures.co.uk

In the heat of the moment : the statutory concept of dismissal and impulsive resignations – by Hugh Collins – UK Labour Law

Posted March 27th, 2024 in appeals, contract of employment, employment, employment tribunals, news by sally

‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’

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UK Labour Law, 26th March 2024

Source: uklabourlawblog.com

Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales – Cloisters

‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’

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Cloisters, 9th February 2024

Source: www.cloisters.com

Head teacher sacked for tapping own child’s hand with fingers wins tribunal case – The Independent

‘An experienced primary school head teacher sacked for assault after tapping her own son’s hand to stop him playing with a bottle of hand sanitiser was unfairly dismissed, an employment tribunal has ruled.’

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The Independent, 9th March 2024

Source: www.independent.co.uk

Reasonable Adjustments and Recording Tribunal Proceedings: Bella v Barclays Execution Services Ltd & Ors [2024] EAT 16 – Parklane Plowden Chambers

‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’

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Parklane Plowden Chambers, 27th February 2024

Source: www.parklaneplowden.co.uk

“All the world’s a stage” – or perhaps not: Omooba – Law& Religion UK

‘In Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30, Ms Seyi Omooba, an actor, was cast as Celie in a stage production of The Color Purple. Celie is regarded as an iconic lesbian role and the announcement that Ms Omooba was to play it led to a social media storm about an earlier Facebook post in which she had expressed her belief that homosexuality was a sin. As a result, her contracts with the theatre (the second respondent) and her agency (the first respondent) were terminated.’

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Law & Religion UK, 7th March 2024

Source: lawandreligionuk.com

Government urged not to resurrect fees for UK employment tribunals – The Guardian

‘Unions and workers’ rights groups are urging the government to reconsider plans to reintroduce fees for employment tribunals amid fears it will encourage exploitation.’

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The Guardian, 26th February 2024

Source: www.theguardian.com

Oxford University tutors secure employee status – Solicitors Journal

Posted February 23rd, 2024 in contract of employment, employment, employment tribunals, news, universities by michael

‘The ruling highlights the power imbalance between precarious tutors and the prestigious institution, prompting calls for a re-evaluation of employment practices in higher education.’

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Solicitors Journal, 22nd February 2024

Source: www.solicitorsjournal.com

Home Office plans new protest offences and anti-Zionism is a protected belief – UK Human Rights Blog

‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’

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UK Human Rights Blog, 12th February 2024

Source: ukhumanrightsblog.com

Law group’s redundant workers awarded £570k by tribunal – Law Society’s Gazette

Posted February 8th, 2024 in compensation, consultations, employment tribunals, news, redundancy by tracey

‘Dozens of former Metamorph staff laid off when the group went under are collectively entitled to £570,000 in compensation, a tribunal has ruled.’

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Law Society's Gazette, 7th February 2024

Source: www.lawgazette.co.uk

Anti-Zionism as a protected belief: Miller – Law & Religion UK

‘In Dr David Miller v University of Bristol [2024] ET 1400780/2022, the claimant was appointed Professor of Political Sociology at the University from 1 September 2018. 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”. As part of the internal complaints procedure the University appointed an independent barrister to investigate; the overall conclusion of the resulting report, delivered on 4 December 2020, was that there was no formal case to answer in connection with any of the matters investigated.’

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Law & Religion UK, 7th February 2024

Source: lawandreligionuk.com

Bristol University academic unfairly dismissed for anti-Zionist views – BBC News

‘An academic experienced discrimination when he was sacked from his university for comments he made about Israel, a tribunal has ruled.’

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BBC News, 6th February 2024

Source: www.bbc.co.uk

Government resurrects employment tribunal fees – Law Society’s Gazette

Posted January 30th, 2024 in employment tribunals, fees, news by tracey

‘The government is proposing to reintroduce fees for employment tribunal claims, nearly seven years after the Supreme Court quashed the previous charging regime as unlawful.’

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Law Society's Gazette, 29th January 2024

Source: www.lawgazette.co.uk

Wasted costs against representative acting according to client’s instructions refused – Law Society’s Gazette

‘An employment judge has refused an application for wasted costs against a lay representative after finding he only “did his client’s bidding.”’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

UK tribunal decision ‘offers comfort’ to employers addressing underrepresentation – OUT-LAW.com

Posted January 16th, 2024 in diversity, employment, employment tribunals, news by tracey

‘A recent employment tribunal decision offers reassurance to employers that are taking steps to improve diversity, provided that care is taken in how they go about it, an employment law expert has said.’

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OUT-LAW.com, 15th January 2024

Source: www.pinsentmasons.com

Police officer forced to strip down to her underwear wins £800,000 in discrimination case – The Independent

Posted January 11th, 2024 in compensation, employment tribunals, harassment, news, police, sex discrimination by sally

‘A former firearms officer who was forced to strip down to her underwear during training has won over £800,000 in a sex discrimination case against West Midlands Police.’

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The Independent, 10th January 2024

Source: www.independent.co.uk

EAT rejects barrister’s appeal over £3m claim against chambers – Legal Futures

‘The Employment Appeal Tribunal (EAT) has rejected an appeal from a barrister expelled from chambers after posting a tweet about a “stroppy teenager of colour”.’

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Legal Futures, 11th January 2024

Source: www.legalfutures.co.uk

Barrister who caused assistant’s “collapse” must pay £155,000 – Legal Futures

‘A barrister who caused her assistant to suffer a mental and physical “collapse” has been ordered to pay her over £155,000 in compensation by an employment tribunal.’

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Legal Futures, 9th January 2024

Source: www.legalfutures.co.uk