Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer

‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’

Full story

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

Top town hall lawyer who praised Hitler keeps his job – Daily Telegraph

Posted September 30th, 2014 in employment tribunals, local government, news, race discrimination, solicitors by tracey

‘A top town hall lawyer is to keep his job despite praising Hitler, winning the nickname “Piggy Eyes” because of the way he ogled women, and making up “inappropriate” nicknames for staff.’

Full story

Daily Telegraph, 29th September 2014

Source: www.telegraph.co.uk

Treasury ordered to pay £142,000 to ‘whistleblower’ former civil servant – The Guardian

‘The Treasury has been ordered to pay £142,000 to a former senior civil servant after refusing to carry out a previous tribunal’s ruling that he should be found another job.’

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The Guardian, 29th September 2014

Source: www.guardian.co.uk

Court of Appeal: test for employment tribunal’s jurisdiction does not include comparison of different legal systems – OUT-LAW.com

Posted September 25th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The test for whether the UK employment tribunal has jurisdiction to hear an unfair dismissal claim from somebody who lives and works abroad should not include a comparison of the relative merits of the different employment laws that could apply, the Court of Appeal has found.’

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OUT-LAW.com, 24th September 2014

Source: www.out-law.com

Constructive Dismissal of an Employee Himself in Fundamental Breach of Contract – No. 5 Chambers

‘Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA) which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.’

Full story

No. 5 Chambers, 19th September 2014

Source: www.no5.com

When Is Whistleblowing in the Public Interest? – No. 5 Chambers

Posted September 25th, 2014 in appeals, employment tribunals, news, public interest, whistleblowers by sally

‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’

Full story

No. 5 Chambers, 19th September 2014

Source: www.no5.com

Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

Full story

Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

Lawful Age Discrimination? – No. 5 Chambers

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

Black female Met Police firearms officer who won £40k at tribunal has all charges against her dropped – The Independent

‘PC Carol Howard was arrested and bailed for more than a year over eight different allegations, including assault, witness intimidation and possession of an indecent image of a child.’

Full story

The Independent, 23rd September 2014

Source: www.independent.co.uk

Should you ever sue your boss for discrimination? – Daily Telegraph

‘Former police officer Carol Howard has won £37,000 from the Met, after two years fighting her case against racial and gender discrimination. A victory, yes, but hard won. So is it ever worth suing your boss? Radhika Sanghani asks the legal experts.’

Full story

Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story

Cloisters, 29th August 2014

Source: www.cloisters.com

Met discriminated against black female police officer, tribunal finds – The Guardian

‘Scotland Yard subjected a black female officer to “vindictive … spiteful … insulting, malicious and oppressive” treatment and greeted her victory against the force in a discrimination case by trying to smear her name, a tribunal has found.’

Full story

The Guardian, 2nd September 2014

Source: www.guardian.co.uk

EAT: employee who might be dismissed for gross misconduct may still be entitled to claim constructive dismissal – OUT-LAW.com

‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 27th August 2014

Source: www.out-law.com

Timing of a TUPE transfer determined by facts, not wishes or intentions of parties, says EAT – OUT-LAW.com

‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 22nd August 2014

Source: www.out-law.com

Additional travel time for transferred workers was not “substantial change” to their “material detriment” – OUT-LAW.com

‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’

Full story

OUT-LAW.com, 26th August 2014

Source: www.out-law.com

IG Index Ltd v Cloete – WLR Daily

IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360

‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

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Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

Employment tribunal cases drop significantly, but claims that go forward tend to be more expensive, says expert – OUT-LAW.com

Posted August 1st, 2014 in employment tribunals, fees, news, statistics by sally

‘The number of claims referred to employment tribunals may have dropped by as much as 79% in the year since fees were introduced, according to figures produced for the Trade Unions Congress (TUC).’

Full story

OUT-LAW.com, 31st July 2014

Source: www.out-law.com

Black female officer discriminated against by Met Police, tribunal finds – Daily Telegraph

‘Britain’s biggest force faces a large compensation claim as a tribunal rules Carol Howard was treated unfairly because of her sex and race.’

Full story

Daily Telegraph, 1st July 2014

Source: www.telegraph.co.uk

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk