Woman told not to let ‘hormones get out of control’ wins age discrimination case – Daily Telegraph

Posted August 16th, 2022 in age discrimination, employment tribunals, news, unfair dismissal by sally

‘A middle-aged woman regarded as “menopausal” by her younger male boss has won an age discrimination case after being told not to let her hormones get “out of control”, an employment tribunal has heard.’

Full Story

Daily Telegraph, 15th August 2022

Source: www.telegraph.co.uk

Solicitor’s pay cut for moving north was lawful, tribunal rules – Law Society’s Gazette

‘The Crown Prosecution Service was entitled to reduce the salary of a solicitor who moved to the north-east, an employment judge has ruled.’

Full Story

Law Society's Gazette, 3rd August 2022

Source: www.lawgazette.co.uk

Ageism and antisemitism in employment: Dooley – Law & Religion UK

‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’

Full Story

Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

Discrimination and Freedom of Belief in the Sex and Gender Debate – UK Human Rights Blog

‘We do not usually cover first-instance employment tribunal judgments on this blog, but two cases handed down in the last three weeks – Forstater v. CGD Europe and Bailey v. Stonewall Equality Ltd and Garden Court Chambers – have attracted so much attention that we feel an exception must be made. Both cases involved women with ‘gender critical’ beliefs who faced hostility in their workplaces after expressing them. Both succeeded in their claims of direct discrimination and victimisation on grounds of belief under the Equality Act 2010. Although neither of the cases sets a binding precedent for other courts or tribunals, they contain interesting legal analysis and comment about the importance of freedom of expression and freedom of belief in the context of work which is of wider significance.’

Full Story

UK Human Rights Blog, 3rd August 2022

Source: ukhumanrightsblog.com

Labour MP unfairly sacked senior adviser who called him ‘first class idiot’, tribunal finds – The Independent

‘A Labour MP unfairly dismissed his aide and ex-girlfriend after she felt “marginalised and isolated” in the months leading up to her losing her job, a tribunal has found.’

Full Story

The Independent, 3rd August 2022

Source: www.independent.co.uk

Allison Bailey: Barrister awarded £22,000 in discrimination case – BBC News

‘A barrister has won part of her employment tribunal claim that she was discriminated against because of her gender-critical views.’

Full Story

BBC News, 27th July 2022

Source: www.bbc.co.uk

The Bill of Rights Act 2022 and employment law: free speech implications – by Gus Baker – UK Labour Law

‘The “Bill of Rights Bill” (the “Bill”), introduced to Parliament on 22 June this year, has the potential to have significant implications for employment law. Once tribunals and courts accept the Bill’s exhortation to give “great weight” to freedom of speech, the consequences for workplace relations may be profound.’

Full Story

UK Labour Law, 6th July 2022

Source: uklabourlawblog.com

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

Full Story

BBC News, 7th July 2022

Source: www.bbc.co.uk

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

Full Story

UKSC Blog, 6th July 2022

Source: ukscblog.com

Maya Forstater was discriminated against over gender-critical beliefs, tribunal rules – The Guardian

‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has won her claim that she was unfairly discriminated against because of her gender-critical beliefs.’

Full Story

The Guardian, 6th July 2022

Source: www.theguardian.com

Crucifixes, neck-chains and food hygiene: Kovalkovs – Law & Religion UK

‘In Mr J Kovalkovs v 2 Sisters Food Group Limited [2022] UKET 4102454/2020, Mr Kovalkovs, an Orthodox Christian, was a quality inspector in 2 Sisters Food Group’s chicken processing factory. He wore a silver crucifix on a neck-chain as an expression of his faith. 2 Sisters’ Foreign Body Control policy stated that “jewellery must not be worn in the production areas on site, with the exception of a single plan band ring”. An exception was made for religious jewellery, subject to a risk assessment; however, the risk assessment concluded that “because the chain was made of links there was a risk of contamination” and there was a potential for “entanglement, entrapment or tearing”. Mr Kovalkovs refused to give up wearing his crucifix and was dismissed.’

Full Story

Law & Religion UK, 21st June 2022

Source: lawandreligionuk.com

Long Covid is a disability, tribunal rules in landmark case – Daily Telegraph

‘Long Covid is a disability, a tribunal has ruled in what employment experts say could result in a “significant increase” in the number of claims brought by people suffering with the syndrome.’

Full Story

Daily Telegraph, 20th June 2022

Source: www.telegraph.co.uk

COVID-19 and return-to-work refusers – Local Government Lawyer

‘Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.’

Full Story

Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk

Law firm fails in summary judgment bid over negligence claim – Legal Futures

‘A law firm being sued for more than £2m over a failure to advise properly has failed in its bid for summary judgment over several of the allegations made against it.’

Full Story

Legal Futures, 13th June 2022

Source: www.legalfutures.co.uk

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

Full Story

Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Merely technical breaches of TUPE, and can liability survive a withdrawal? – 3PB

Posted May 24th, 2022 in compensation, employment tribunals, news, transfer of undertakings by sally

‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’

Full Story

3PB, 3rd May 2022

Source: www.3pb.co.uk

Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

Full Story

3PB, 3rd May 2022

Source: www.3pb.co.uk

First EAT consideration of a Covid-19 related dismissal – St Philips Barristers

‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’

Full Story

St Philips Barristers, 6th May 2022

Source: st-philips.com

Calling a man ‘bald’ is sexual harassment, employment tribunal rules – The Guardian

‘Calling a man “bald” is sexual harassment, an employment tribunal has ruled. Hair loss is much more prevalent among men than women so using it to describe someone is a form of discrimination, a judge has concluded. Commenting on a man’s baldness in the workplace is equivalent to remarking on the size of a woman’s breasts, the finding suggests.’

Full Story

The Guardian, 13th May 2022

Source: www.theguardian.com

Litigant banned over ‘unjustified’ complaints to regulators – Law Society’s Gazette

‘A former nurse who made “wholly inappropriate and unjustified allegations of wrongdoing” against lawyers has been banned from bringing proceedings for two years by a High Court judge, who said regulators must be “astute in identifying litigants who abusively use [the] regulatory process”.’

Full Story

Law Society's Gazette, 6th May 2022

Source: www.lawgazette.co.uk