‘Whenever a company or organisation is carrying out an investigation, usually one of the first questions to consider is whether any of the employees involved should be suspended.’
Kingsley Napley Insights Blog, 4th October 2022
Source: www.kingsleynapley.co.uk
‘A nightclub dancer offered work by a consultant solicitor was not employed by his firm, an employment tribunal has ruled. The now-deceased solicitor, referred to only as AD, had approached the woman at the club and offered her a job as his personal secretary. She had a young son and was studying part-time for a graduate diploma in law.’
Law Society Gazette, 30th September 2022
Source: www.lawgazette.co.uk
‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’
Local Government Lawyer, 16th September 2022
Source: www.localgovernmentlawyer.co.uk
‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’
Local Government Lawyer, 9th September 2022
Source: www.localgovernmentlawyer.co.uk
‘The High Court has granted more time for a former law firm director to challenge a coruscating judgment against her more than eight years after it was handed down.’
Law Society's Gazette, 2nd September 2022
Source: www.lawgazette.co.uk
‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’
Law & Religion UK, 29th August 2022
Source: lawandreligionuk.com
‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’
Doughty Street Chambers, 1st August 2022
Source: insights.doughtystreet.co.uk
‘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.’
Daily Telegraph, 15th August 2022
Source: www.telegraph.co.uk
‘The Crown Prosecution Service was entitled to reduce the salary of a solicitor who moved to the north-east, an employment judge has ruled.’
Law Society's Gazette, 3rd August 2022
Source: www.lawgazette.co.uk
‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’
Law & Religion UK, 3rd August 2022
Source: lawandreligionuk.com
‘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.’
The Independent, 3rd August 2022
Source: www.independent.co.uk
‘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.’
UK Labour Law, 6th July 2022
Source: uklabourlawblog.com
‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’
BBC News, 7th July 2022
Source: www.bbc.co.uk
‘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.’
UKSC Blog, 6th July 2022
Source: ukscblog.com
‘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.’
The Guardian, 6th July 2022
Source: www.theguardian.com
‘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.’
Law & Religion UK, 21st June 2022
Source: lawandreligionuk.com
‘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.’
Daily Telegraph, 20th June 2022
Source: www.telegraph.co.uk
‘Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.’
Local Government Lawyer, 10th June 2022
Source: www.localgovernmentlawyer.co.uk
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