Disabled workers paid 12% less, ‘damning’ UK official figures show – The Guardian

‘Disabled people continue to face prejudice in the workplace campaigners have said, after latest government figures showed they were paid on average 12.2% less than those without impairments, equivalent to £1.48 an hour.’

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The Guardian, 2nd December 2019

Source: www.theguardian.com

EAT rails against ‘endless delays’ of interim orders – Law Society’s Gazette

Posted November 28th, 2019 in case management, delay, employment, harassment, news, sex discrimination, striking out by sally

‘Claimants alleging mistreatment at work should be able to present their case without a succession of preliminary hearings, an employment appeal tribunal has said.’

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Law Society's Gazette, 27th November 2019

Source: www.lawgazette.co.uk

New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog

‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers

Posted November 26th, 2019 in dispute resolution, employment, employment tribunals, judiciary, news by sally

‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’

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Littleton Chambers, 25th November 2019

Source: www.littletonchambers.com

The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers

‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’

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Littleton Chambers, 21st November 2019

Source: www.littletonchambers.com

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

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Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

Secretary “humiliated” by comments on 50th birthday loses claim against law firm – Legal Futures

‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’

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Legal Futures, 8th November 2019

Source: www.legalfutures.co.uk

John Bowers QC’s Employment Law Blog: November – Littleton Chambers

Posted November 7th, 2019 in appeals, employment, employment tribunals, news, trade unions by sally

‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’

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Littleton Chambers, 4th November 2019

Source: www.littletonchambers.com

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by tracey

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

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Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers

Posted October 31st, 2019 in employment, equality, news by sally

‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’

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Littleton Chambers, 8th October 2019

Source: www.littletonchambers.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’

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Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

One in four young women scared they will be sacked if they report sexual harassment, study finds – The Independent

‘One in four young women are scared they will be sacked if they report sexual harassment at work, a study has found. Carried out by the Young Women’s Trust and released on the second anniversary of the #metoo movement, the research found that just 6 per cent of young women who had been sexually harassed at work reported the misconduct.’

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The Independent, 15th October 2019

Source: www.independent.co.uk

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement – Local Government Lawyer

‘The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

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Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog

‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog

‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk