‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’
Local Government Lawyer, 22nd October 2021
Source: www.localgovernmentlawyer.co.uk
‘Occasionally, a claimant at the employment tribunal will contact the Gazette in distress, after seeing reports of their case apparently plastered all over the internet. Many seem unaware of – and certainly unprepared for – the implications of open justice in the digital age.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
‘In Summer 2021, Bloomberg published a striking series of stories from working people who had been ‘fired by a machine’. Stephen Normandin had worked for several years for Amazon Flex as a member of a fleet of ‘contract drivers’ who provide same-day delivery services for groceries and packages. Like other members of Amazon’s significant workforce, Stephen’s work was monitored through a system of real-time data collection and algorithmic analysis. Stephen’s performance rating plummeted after a series of unfortunate incidents made his job more difficult: inaccessible gated communities and lockers, unresponsive recipients and unhelpful responses from the company. Shortly after, he received an email stating that his contract had been terminated. Stephen took up the opportunity to appeal the decision but received a series of emails, each with a different name attached, that took him no further. The final email that Stephen received stated that the difficulties he had cited had already been taken into account. His termination stood, even though he was never able to interact ‘live’ with another human being.’
UK Labour Law, 19th October 2021
Source: uklabourlawblog.com
‘The decision of the EAT in this case provides a useful reminder of the proper approach to the PCP in reasonable adjustment claims. EAT (judge James Tayler, sitting alone) ruled that an employment tribunal had erred in law in rejecting the claimant’s attempt to rely on, as a PCP, a Management of Absence Policy which included discretion which would have permitted, amongst other steps, the claimant’s redeployment to an alternative role. The Tribunal had ruled that the application of the policy to the claimant did not constitute the application of a PCP that placed her at a substantial disadvantage in comparison with non-disabled persons.’
Equality Law Blog, 13th October 2021
Source: equalitylawblog.com
‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’
UKSC Blog, 13th October 2021
Source: ukscblog.com
‘Can the Employment Tribunal “go behind” a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.’
Local Government Lawyer, 8th October 2021
Source: www.localgovernmentlawyer.co.uk
‘A UK judge has ruled that calling women “birds” is “plainly sexist,” and even using the term jokingly is “foolish” in a landmark discrimination case. The ruling came following a tribunal brought by a Barclays investment banker after her boss repeatedly called women “birds.” ‘
The Independent, 22nd September 2021
Source: www.independent.co.uk
‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’
UK Human Rights Blog, 21st September 2021
Source: ukhumanrightsblog.com
‘Alice Thompson wanted to work shorter hours to pick her daughter up from nursery, but ended up resigning.’
BBC News, 7th September 2021
Source: www.bbc.co.uk
‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’
BBC News, 5th September 2021
Source: www.bbc.co.uk
‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’
Law Society's Gazette, 2nd September 2021
Source: www.lawgazette.co.uk
‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’
Local Government Lawyer, 3rd September 2021
Source: www.localgovernmentlawyer.co.uk
‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’
3PB, August 2021
Source: www.3pb.co.uk
‘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.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’
Legal Futures, 23rd August 2021
Source: www.legalfutures.co.uk
‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’
The Guardian, 16th March 2021
Source: www.theguardian.com
‘In Mr K Ferguson v Kintail Trustees Ltd & Anor [2021] ET 4103321/2020, the claimant was Director and Chief Executive of Kintail Trustees, a limited company that operates as the corporate trustee of the Robertson Trust, a charity. He was also an elder, the treasurer and a trustee of Stirling Free Church of Scotland’
Law & Religion UK, 9th August 2021
Source: lawandreligionuk.com
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