Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

New Judgment: Royal Mail Group Ltd v Efobi [2021] UKSC 33 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Ad men sacked to improve gender pay gap win sex discrimination claim – The Guardian

‘Two white male creative directors at a top London advertising agency have won a sex discrimination claim after a female director vowed to “obliterate” its Mad Men reputation of being full of straight, white men.’

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The Guardian, 23rd July 2021

Source: www.theguardian.com

Firm that dismissed pregnant trainee cleared of discrimination – Law Society’s Gazette

Posted July 9th, 2021 in employment tribunals, equality, news, pregnancy, sex discrimination, solicitors by michael

‘A criminal defence firm has been cleared of discrimination allegations after telling a trainee solicitor she was being let go three weeks after she said she was pregnant.’

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Law Society's Gazette, 9th July 2021

Source: www.lawgazette.co.uk

Forstater v CGD Europe: when is a belief worthy of respect in a democratic society? – Parklane Plowden Chambers

‘Choudhry J’s judgment in Maya Forstater v CGD Europe is well-reasoned and clear, and repays reading in full for anyone interested in the difficult interplay between the rights of those with conflicting protected characteristics.’

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Parklane Plowden Chambers, 29th June 2021

Source: www.parklaneplowden.co.uk

Indirect Discrimination Against Working Mothers – Littleton Chambers

‘On 22 June 2021, the President of the Employment Appeal Tribunal handed down judgment in Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA. CLICK HERE to read the judgment.’

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Littleton Chambers, 23rd June 2021

Source: littletonchambers.com

Maya Forstater v CGD Europe and Others – No. 5 Chambers

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

NHS nurse sacked over weekend working wins landmark ruling – The Guardian

‘A community nurse who was sacked for not agreeing to work weekends has won a “landmark” ruling for working mothers after a judge said employment tribunals must take childcare disparity into account.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Employment Tribunals: Interim Relief and the Equality Act 2010: Court of Appeal Declines to Extend the Relief – Littleton Chambers

‘For a few months, a radical change to employment law practice appeared to be in prospect.’

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Littleton Chambers, 16th June 2021

Source: littletonchambers.com

Whistleblowing: causation, guidance for complex cases and judicial proceedings immunity – 3PB

‘In GMP v Aston we receive a helpful reminder of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims. The case also involves an alleged detriment consisting of evidence given in other tribunal proceedings which was subject to judicial proceedings immunity (JPI) and deals with the issue of whether evidence which is covered by JPI can amount to a detriment. Finally, where the issue of JPI had not been raised before the first instance Tribunal, the Appeal Tribunal considered whether it had to deal with this newly argued point (i.e. whether it was mandatory) or whether it had a discretion to consider the newly argued point (i.e. whether it was discretionary). The considerations when deciding whether or not to exercise the discretion are also set out.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

News Woman wins appeal against losing job for tweets about transgender people – The Independent

‘A woman who lost her job after tweeting that men cannot change their biological sex has won her appeal against an employment tribunal.’

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The Independent, 10th June 2021

Source: www.independent.co.uk

Anxious workers can wear headphones after discrimination ruling – Daily Telegraph

‘People with anxiety should be allowed to listen to music as they work, an employment tribunal has ruled.’

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Daily Telegraph, 10th June 2021

Source: www.telegraph.co.uk

Tribunal ‘deeply concerned’ by racism among Home Office contractors – The Guardian

‘An employment tribunal has said that it was “deeply concerned” about Home Office contractors who deport people from the UK having used the racist term “cotton pickers” to describe their black colleagues, but threw out a claim of race and disability discrimination.’

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The Guardian, 7th June 2021

Source: www.theguardian.com

Tribunal throws out employment lawyer’s disability discrimination claim – Legal Futures

‘An employment lawyer who appeared at tribunals during a time he said he was “pretty constantly bed bound” due to a back injury has had his disability discrimination claim rejected.’

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Legal Futures, 10th May 2021

Source: www.legalfutures.co.uk

Entrepreneur with “strong views on breastfeeding” unfairly dismissed lawyer – Legal Futures

‘A Russian entrepreneur based in the UK with “strong views on the importance of breastfeeding” unfairly dismissed a lawyer after she took maternity leave, an employment tribunal has ruled.’

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Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

Swastikas, employment and “religious” symbols: Horvarth – UK Law & Religion

‘Istvan Horvarth started working at the Lidl store in Telford Hadley, Shropshire, in 2013. A colleague complained that Horvarth showed him his “swastika” tattoo and in April 2019 Horvarth was sacked. In Mr I Horvarth v Lidl Great Britain Ltd [2021] ET/ 1307164/2019, he claimed unfair dismissal and discrimination based on race and/or religion or belief. He also claimed that he had been subjected to a number of incidents of harassment related to his race from approximately 2016 onwards, immediately following the Brexit referendum [3]. Following two case management hearings before Employment Judge Flood, he withdrew his claims of discrimination based on religion and/or belief and they were dismissed in a judgment dated 22 May 2020 [2].’

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UK Law & Religion, 30th April 2021

Source: lawandreligionuk.com

S&G lawyer wins unfair dismissal claim – but no damages – Legal Futures

Posted May 4th, 2021 in damages, employment tribunals, news, redundancy, unfair dismissal by tracey

‘A senior costs specialist at Slater & Gordon (S&G) has won a claim for unfair dismissal on one ground but an employment tribunal decided it would not be just to award him damages.’

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Legal futures, 4th May 2021

Source: www.legalfutures.co.uk

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk

Freshfields report into bank rape allegations not covered by privilege – Law Society’s Gazette

‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk