Acas guidance warns against routine use of non-disclosure agreements – Local Government Lawyer

‘Non-disclosure agreements should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work, Acas has said in new guidance.’

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Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

NDAs ‘should not silence sexual harassment claims’ – BBC News

‘Non-disclosure agreements (NDAs) should not be used to prevent someone from reporting sexual harassment in the workplace, according to new guidance.’

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BBC News, 10th February 2020

Source: www.bbc.co.uk

Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Covert recordings: does the end justify the means? Read Martina Murphy and Jane Wheeler’s article in this month’s ELA Briefing here – 12 King’s Bench Walk

Posted February 6th, 2020 in audio recordings, employment, news, personal injuries, video recordings by sally

‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’

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12 King's Bench Walk, 4th February 2020

Source: www.12kbw.co.uk

What is the Shortage Occupation List and why does it make a difference? – Richmond Chambers

Posted February 5th, 2020 in chambers articles, employment, immigration, news, visas by sally

‘The Shortage Occupation List sets out jobs in short supply in the UK at large, and Scotland specifically. These jobs can be filled by migrants under the Tier 2 route more easily than others.’

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Richmond Chambers, 3rd February 2020

Source: immigrationbarrister.co.uk

Basfar v Wong – Diplomatic Immunity, Human Trafficking and “Commercial Activities” Revisited – Littleton Chambers

‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’

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Littleton Chambers, 4th February 2020

Source: www.littletonchambers.com

Employment Tribunal provides reasoning in ethical veganism case – UK Human Rights Blog

Posted January 31st, 2020 in employment, employment tribunals, equality, harassment, human rights, news, veganism by sally

‘Following his headline-grabbing finding on 3rd January 2020 that “ethical veganism is a philosophical belief which qualifies as a protected belief within the meaning of section 10 of The Equality Act 2010”, Norwich Employment Tribunal Judge Postle has now provided his full determination.’

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UK Human Rights Blog, 29th January 2020

Source: ukhumanrightsblog.com

Court rejects LiP’s “indiscriminate attack” on legal expenses insurers – Litigation Futures

‘The High Court has struck out a claim by a litigant-in-person (LiP) who responded to the failure of her employment tribunal case by launching an “indiscriminate attack” against legal expenses insurers and regulators.’

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Litigation Futures, 30th January 2020

Source: www.litigationfutures.com

Solicitor rejected for job was victim of age discrimination – Legal Futures

‘An experienced property solicitor was rejected for a job at a law firm despite being the only person interviewed because of age discrimination, an employment tribunal has ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

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UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

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Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette

‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’

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Law Society's Gazette, 17th January 2020

Source: www.lawgazette.co.uk

Case Law Update – ethical veganism protected as a philosophical belief under the Equality Act 2010 – Parklane Plowden

‘Last week the long-awaited decision in the case of Casamitjana v League Against Cruel Sports was finally handed down by Employment Judge Postle in Norwich Employment Tribunal. The case had been listed for a Preliminary Hearing to determine whether ethical veganism constitutes a protected belief under the Equality Act 2010. The Equality Act 2010 does not provide express protection for ethical vegans, albeit that veganism is a philosophy which falls within the ambit of Article 9 of the European Convention on Human Rights.’

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Parklane Plowden, 10th January 2020

Source: www.parklaneplowden.co.uk

Protection for a philosophical belief: why some beliefs but not others? – The 36 Group

‘Fergus McCombie employment law expert at 36 Commercial comments on recent tribunal decision.’

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The 36 Group, 9th January 2020

Source: 36group.co.uk

Sikhs, beards and “hygiene”: Sethi – Law & Religion UK

‘In Mr R Sethi v Elements Personnel Services Ltd [2019] ET 2300234/2018, the Claimant, a practising but unbaptised Sikh, applied for a job with the Respondent: a specialist agency providing temporary staff for the hospitality industry, mainly at five-star hotels. He attended an induction course at which he was asked to sign various documents including the Respondent’s standard Contract for Agency Workers, which included the Respondent’s Code of Conduct. The Code provided, înter alia, that “No beards or goatees are allowed”. He explained that he would not be able to shave off his beard for religious reasons.’

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Law & Religion UK, 15th January 2020

Source: www.lawandreligionuk.com

Pub ‘banter’ and social media posts can be sexual harassment, equality watchdog warns bosses – Daily Telegraph

‘Businesses must train their staff that pub “banter” and social media posts can amount to sexual harassment, the equality watchdog has warned in a letter to all major firms.’

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Daily Telegraph, 14th January 2020

Source: www.telegraph.co.uk

Women continue to be under-represented in top jobs across sport, law and politics, study suggests – The Independent

Posted January 13th, 2020 in diversity, employment, equality, news, sex discrimination, statistics, women by tracey

‘Women are missing out on top jobs across a variety of sectors, showing that a “step change” is needed to boost the number in senior roles, campaigners have said.’

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The Independent, 13th January 2020

Source: www.independent.co.uk

Liz Earle beauty firm ordered to pay £17k to sacked pregnant worker – BBC News

‘A woman who was sacked by a beauty company when she was eight months pregnant has been awarded more than £17,000 by an employment tribunal.’

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BBC News, 10th January 2020

Source: www.bbc.co.uk