employment tribunals – Page 16 – Current Awareness

The One Thing Every Business Needs From Its Employment Lawyer This Year – Littleton Chambers

Posted February 11th, 2021 in chambers articles, diversity, employment tribunals, equality, news, race discrimination by sally

‘As legal advisers our job starts long before the court room and it is where we do our most valuable work. A world in which people don’t experience discrimination is a world in which no discrimination claims are brought and a world in which considerable time, stress, cost etc. is saved. Ok, it is also a world in which our litigation practice suffers but let’s be honest, we are a long way from that world and we could get considerably closer to it without worrying too much about having to rethink our career choices.’

Littleton Chambers, 8th February 2021

Source: littletonchambers.com

A statutory defence for discrimination: s.109(4) Equality Act 2010 Allay (UK) Limited v Gehlen – 3PB

Posted February 11th, 2021 in chambers articles, employment tribunals, equality, news, race discrimination by sally

‘S.109(4) EA 2010 provides a statutory defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. It is a rarely used defence and it is even more rare to have an appellate case providing guidance, but Allay (UK) Limited v Gehlen [2021] UKEAT 0031_20_0402 (Unreported, 4 February 2021) clarifies what is meant by “all reasonable steps”, exploring permissible and impermissible considerations to meet the high threshold set by s.109.’

3PB, 9th February 2021

Source: www.3pb.co.uk

Tribunal reduces damages awarded against sweary senior partner – Legal Futures

Posted February 11th, 2021 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal ordered to reconsider the damages it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm has reduced them by 20%.’

Legal Futures, 11th February 2021

Source: www.legalfutures.co.uk

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

Posted January 22nd, 2021 in appeals, chambers articles, compensation, EC law, employment, employment tribunals, equality, news, unfair dismissal by sally

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

Littleton Chambers, 14th January 2021

Source: littletonchambers.com

Tribunal rejects law firm’s second challenge to age discrimination ruling – Legal Futures

Posted January 14th, 2021 in age discrimination, employment tribunals, law firms, news, solicitors by sally

‘An employment judge has refused a second application from a law firm to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination when he applied for a job with it.’

Legal Futures, 14th January 2021

Source: www.legalfutures.co.uk

Work Rights in the Nursery: Au pairs entitled to the NMW (but in respect of which hours?) – Littleton Chambers

Posted January 12th, 2021 in EC law, employment tribunals, equal pay, minimum wage, news, women, working time by sally

‘The employment tribunal has disapplied the “family worker” exemption, in effect holding that au pairs and other domestic workers who live in the home are entitled to the protections of the National Minimum Wage (“NMW”) regime. If this tribunal decision stands, it gives rise to another significant question: which hours should count towards the NMW for domestic workers?’

Littleton Chambers, 4th January 2021

Source: littletonchambers.com

Tribunal finds law firm unfairly dismissed paralegal – Legal Futures

Posted January 11th, 2021 in employment, employment tribunals, law firms, news, paralegals, professional conduct, race discrimination, unfair dismissal by sally

‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’

Legal Futures, 11th January 2021

Source: www.legalfutures.co.uk

LEI does not have to fund appeals during “unmeritorious claims” – Litigation Futures

Posted January 6th, 2021 in appeals, barristers, contracts, costs, employment, employment tribunals, insurance, news, striking out, unfair dismissal by sally

‘Legal expenses insurance (LEI) does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.’

Litigation Futures, 5th January 2021

Source: www.litigationfutures.com

Changes to ACAS Early Conciliation – Cloisters

Posted December 4th, 2020 in chambers articles, employment, employment tribunals, news, time limits by sally

‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’

Cloisters, 1st December 2020

Source: www.cloisters.com

Sacked Treasury adviser settles unfair dismissal claim – BBC News

Posted November 13th, 2020 in employment, employment tribunals, government departments, news, political parties, sex discrimination, unfair dismissal by sally

‘A special advisor who was escorted out of Downing Street by police after a confrontation with Dominic Cummings has settled her unfair dismissal claim.’

BBC News, 13th November 2020

Source: www.bbc.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted November 11th, 2020 in chambers articles, employment, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to
undertake adhoc work as and when needed.’

3PB, 2nd October 2020

Source: www.3pb.co.uk

Disability, Delusions and Definitions – Parklane Plowden

Posted November 11th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, mental health, news, unfair dismissal by sally

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk

Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures

Posted November 9th, 2020 in coronavirus, disability discrimination, disabled persons, employment, employment tribunals, equality, flexible working, law firms, Law Society, news, solicitors by sally

‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’

Legal Futures, 9th November 2020

Source: www.legalfutures.co.uk

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

Posted October 30th, 2020 in appeals, burden of proof, chambers articles, child abuse, children, employment, employment tribunals, indecent photographs of children, news, school children, sexual offences, teachers, unfair dismissal, warrants by sally

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

3PB, 2nd October 2020

Source: www.3pb.co.uk

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

Posted October 29th, 2020 in burden of proof, disciplinary procedures, employment tribunals, evidence, indecent photographs of children, news, teachers, unfair dismissal by sally

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

3PB, 2nd October 2020

Source: www.3pb.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted October 29th, 2020 in casual workers, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to undertake adhoc work as and when needed.’

3PB, 2nd October 2020

Source: www.3pb.co.uk

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal – 3PB

Posted October 27th, 2020 in belief discrimination, disability discrimination, dyslexia, employment tribunals, equality, news by sally

‘C was dismissed for refusing to apologise for offending his colleagues. C’s position was that he had mixed up his words due to his dyslexia. The offence that he had caused was unintentional. He had refused to apologise, or to apologise sufficiently, for that reason. He asserted that he was being required to communicate in a way that could not be misinterpreted, and that as a Stoic this was something that he could not do.’

3PB, 7th October 2020

Source: www.3pb.co.uk

Covid: ‘Perfect storm’ causing employment tribunal backlog – BBC News

Posted October 22nd, 2020 in benefits, coronavirus, delay, employment tribunals, mental health, news, redundancy by sally

‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’

BBC News, 22nd October 2020

Source: www.bbc.co.uk

Non-binary/gender fluid claimants – Law Society’s Gazette

Posted October 14th, 2020 in damages, employment, employment tribunals, equality, gender, harassment, news, transgender persons by sally

‘On 14 September 2020, the employment tribunal ruled that the gender reassignment protections afforded by section 7 of the Equality Act 2010 should be read to include those who identify as non-binary and/or gender fluid.’

Law Society's Gazette, 12th October 2020

Source: www.lawgazette.co.uk

Muslim man wins UK tribunal case over Cognac raffle switch – The Guardian

Posted September 25th, 2020 in compensation, employment, employment tribunals, equality, harassment, news, religious discrimination by sally

‘A Muslim man who worked at a country house hotel has successfully sued his employer for religious harassment after he won a bottle of Cognac in a raffle at a staff party but was given a “cheap” box of chocolates instead.’

The Guardian, 24th September 2020

Source: www.theguardian.com

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