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

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

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Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

Thousands in UK may have missed out on work rights redress, study finds – The Guardian

Posted April 15th, 2021 in compensation, employment tribunals, fees, news, statistics by sally

‘A four-year policy of charging workers up to £1,200 to take law-breaking bosses to court was based on misleading data, a study has found, meaning thousands of people may have wrongly missed out on redress for breaches of employment rights.’

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The Guardian, 14th April 2021

Source: www.theguardian.com

Covid-19 related absence dismissal was not automatically unfair – St Philips Barristers

‘The Leeds Employment Tribunal has recently determined one of the first dismissals arising out of the coronavirus pandemic in Rogers v Leeds Laser Cuttings Ltd [2021] No. 1803829/2020, writes Jonathan Gidney.’

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St Philips Chambers, 25th March 2021

Source: st-philips.com

An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB

‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Cross – establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44 – 3PB

‘This Equal Pay claim has been ongoing for some time already (since 2016) and is set to continue for some time yet. In short, the Supreme Court’s Judgment handed down 3 days ago (26th March 2021) is focused upon a narrow point, which whilst of importance and interest to both parties and their advisors, in no sense has brought closure to these proceedings which are likely to continue to attract media attention as the layers of equal value litigation unfold.’

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3PB, 29th March 2021

Source: www.3pb.co.uk

R.I.P Gig Economy? – 4 King’s Bench Walk

‘On February 19th, the Supreme Court dismissed Uber’s appeal upholding the decision of the Employment Tribunal: a ruling upheld both by the EAT and the Court of Appeal. Lord Leggatt’s judgment confirmed that the claimant Uber drivers were workers for the purposes of the Working Time Regulations, national minimum wage legislation, and the Employment Rights Act 1996. In a unanimous judgment, the Supreme Court sent the case back to the Employment Tribunal to determine the claims on their merits.’

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4 King's Bench Walk, 4th March 2021

Source: www.4kbw.co.uk

Protected acts: beware a cautious approach – 3PB

‘R indicated that it wanted to arrange a Christmas dinner, and proposed a date for it. No objections were raised. Hotels and planes were consequently booked. Thereafter C (and a co-worker) indicated that the planned date did not suit them. R considered the matter but declined to change the date, various arrangements having already been made.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

No TUPE protection for staff after firm’s owner made bankrupt – Legal Futures

‘There was no protection for staff under the TUPE after the sole owner of a law firm was made bankrupt and the practice taken over, the Employment Appeal Tribunal (EAT) has ruled.’

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Legal Futures, 8th April 2021

Source: www.legalfutures.co.uk

Law firm did not discriminate against menopausal apprentice – Legal Futures

‘A law firm did not discriminate against a legal secretary turned apprentice with menopausal symptoms on the grounds of disability or sex, an employment tribunal has ruled.’

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Legal Futures, 6th April 2021

Source: www.legalfutures.co.uk