Church minister who wrote Sinitta’s ‘So Macho’ wins claim over alleged homophobia – Daily Telegraph

‘Rev George Hargreaves was shunned at work by a colleague who ignored him after being outraged by a perceived homophobic remark he had made.’

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Daily Telegraph, 2nd June 2020

Source: www.telegraph.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 4: Liability Under EU Directive by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 3rd, 2020 in chambers articles, coronavirus, EC law, employment, health, health & safety, news by sally

‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’

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Ropewalk Chambers, 11th May 2020

Source: www.ropewalk.co.uk

Lockdown rules: what is allowed in England, Scotland, Wales and Northern Ireland – The Guardian

‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Professional Regulation – Case Comment: Caroline Reilly V Teaching Regulation Agency and Secretary of State for Education (2020) EWHC 1188 (Admin) – Park Square Barristers

‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’

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Park Square Barristers, 15th May 2020

Source: www.parksquarebarristers.co.uk

Self-Employed Income Support Scheme (‘SEISS’)- Old Square Chambers

‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’

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Old Square Chambers, 12th May 2020

Source: www.oldsquare.co.uk

The Implied Term of Trust and Confidence and the Coronavirus Job Retention Scheme: a Reply – Old Square Chambers

‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’

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Old Square Chambers, 19th May 2020

Source: www.oldsquare.co.uk

Equal Pay Act: Why Are Women And Minorities Still Paid Unfairly 50 Years On? – Each Other

‘“Whether it’s being denied flexible working and having to work fewer hours as a result, or finding out you’re paid £3,000 less than a white man with the same job title and fewer responsibilities; it’s always crushing being treated worse than your peers.”

Those are the words of Sophia Moreau, who has experienced unequal pay repeatedly throughout her late teens and early 20s. The journalist and campaigner said that she has come to a “sad realisation” that, as a black woman, she cannot expect fair treatment.’

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Each Other, 29th May 2020

Source: eachother.org.uk

Knowing the risks – foreseeability of stress related illness in the time of Covid 19 – Old Square Chambers

Posted May 29th, 2020 in coronavirus, employment, mental health, news, personal injuries by sally

‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’

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Old Square Chambers, 26th May 2020

Source: www.oldsquare.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 3: Liability for Breach of Statutory Duty by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’

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Ropewalk Chambers, 6th May 2020

Source: www.ropewalk.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 2: Liability at Common Law by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:

“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’

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Ropewalk Chambers, 5th May 2020

Source: www.ropewalk.co.uk

Returning from lockdown – Dealing with employee complaints: whistleblowing and the Equality Act – St John’s Buildings

Posted May 29th, 2020 in complaints, coronavirus, employment, news, whistleblowers by sally

‘The country is going to start to try and emerge from the lockdown, which was imposed to try and slow the spread of coronavirus. Guidance provided on 10.05.2020 was that some employees, who cannot work from home, should go to work. Coronavirus is still with us, so the Government has produced guidance on how employers can implement social distancing measures so as to make the workplace safe for its workers. For instance, employers are told that they might consider staggering start times; providing handwashing facilities or hand sanitiser at entrances; reducing congestion by opening multiple entrances, having one-way flow, discouraging non-essential trips; or rearranging workstations. The list goes on, but there are perhaps infinite ways in which employees can be protected in any particular workplace.’

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St John's Buildings, 18th May 2020

Source: stjohnsbuildings.com

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

29,000 claims a year despite 50 years since Equal Pay Act – The Guardian

‘A consistently high number of workers are alleging that their employers are illegally paying them less than colleagues in similar roles, according to research released to mark the 50th anniversary of the Equal Pay Act.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

Conveyancers lobby for furloughing flexibility – Legal Futures

Posted May 28th, 2020 in conveyancing, coronavirus, emergency powers, employment, housing, news by sally

‘Conveyancers and other property stakeholders have called on Chancellor Rishi Sunak to allow them to move staff in and out of furlough on a weekly basis as the home-moving market recovers.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

COVID-19: The ‘New Normal’ Experiences in the Employment Tribunal – Parklane Plowden

‘In 18th March 2020, the Presidents of the Employment Tribunal (Scotland) and (England and Wales) released Presidential Guidance.’

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Parklane Plowden, 11th May 2020

Source: www.parklaneplowden.co.uk

Shut-down firm ordered to pay former staff £375,000 – Legal Futures

‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’

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Legal Futures, 22nd May 2020

Source: www.legalfutures.co.uk

“Project Restart” or a false start: can professional sports clubs compel their players to return to the pitch and waive health and safety liability? – Littleton Chambers

Posted May 20th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news, sport by sally

‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’

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Littleton Chambers, 14th May 2020

Source: littletonchambers.com

Second edition released of Cloisters Toolkit: Returning to work in the time of Coronavirus – Cloisters

Posted May 19th, 2020 in chambers articles, coronavirus, employment, health & safety, news by sally

‘A second edition of Cloisters Toolkit: Returning to work in the time of Coronavirus is now available. The comprehensive guide takes account of the latest government guidance on workplaces, travel to work and the furlough scheme.’

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Cloisters, 12th May 2020

Source: www.cloisters.com

John Bowers QC’s Employment Law Blog: Disobeying reasonable instructions – Littleton Chambers

Posted May 19th, 2020 in coronavirus, employment, health & safety, news, protective equipment by sally

‘As Britain gears up to go back to work the issue of whether employees can refuse to carry out certain tasks (or to work at all) will come to the fore as it has in other countries where the lock down has been lifted. The unions are already making it an issue. Clearly people will say I will not work without appropriate social or physical distancing. They may also argue that they are not willing to work without personal protection equipment. Or that they do not want to go to work on public transport. There is likely to be a great deal of litigation and some hard cases to be decided. So how does the law strike the necessary balance? This is not something that happened much in pre covid life but there are some precedents.’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Is it really true that Covid-19 is the virus that does not discriminate? – Park Square Barristers

Posted May 19th, 2020 in coronavirus, employment, minorities, news, statistics by sally

‘Well that is what we have repeatedly been told by politicians and various medical and scientific advisers. However, statistical evidence shows to the contrary and that if you are BAME (Black, Asian, Minority Ethnic) then you are up to 4 times more likely to die after contracting the Coronavirus, making it clear that this is far from a level playing field.’

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Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk