Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Dismissal for a political affiliation – Local Government Lawyer

‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Truss risks fresh row with EU over workers’ rights, say legal experts – The Guardian

Posted September 7th, 2022 in brexit, EC law, employment, news, trade unions by sally

‘Liz Truss risks igniting another row with the EU which could lead to tariffs on British exports if she tries to dilute workers’ rights too much, legal experts and union leaders have said.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

Ex-director given another chance to appeal eight-year-old ET judgment – Law Society’s Gazette

‘The High Court has granted more time for a former law firm director to challenge a coruscating judgment against her more than eight years after it was handed down.’

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Law Society's Gazette, 2nd September 2022

Source: www.lawgazette.co.uk

NHS whistleblower Shyam Kumar wins case against regulator – BBC News

Posted September 5th, 2022 in compensation, doctors, employment, hospitals, news, unfair dismissal, whistleblowers by tracey

‘A doctor who was sacked for raising patient safety concerns has won a case against England’s hospital regulator, the Care Quality Commission (CQC).’

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BBC News, 5th September 2022

Source: www.bbc.co.uk

CV fraudster must repay some wages, Supreme Court rules – Law Society’s Gazette

‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’

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Law Society's Gazette, 18th August 2022

Source: www.lawgazette.co.uk

A rare EAT finding of the appearance of unconscious confirmation bias – Doughty Street Chambers

‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’

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Doughty Street Chambers, 1st August 2022

Source: insights.doughtystreet.co.uk

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

Post Office inquiry chair urges higher legal fees for compensation advice – Legal Futures

‘It is “essential” that sub-postmasters claiming on one of the compensation schemes following the Horizon scandal can recover their legal costs, the chair of the Post Office scandal enquiry said yesterday.’

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Legal Futures, 16th August 2022

Source: www.legalfutures.co.uk

Employer’s Liability after the Enterprise and Regulatory Reform Act 2013: The Latest – Ropewalk Chambers

Posted August 16th, 2022 in accidents, employment, health & safety, news, statutory duty by sally

‘The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work.’

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Ropewalk Chambers, 28th July 2022

Source: www.ropewalk.co.uk

What does UK law say about strikes? – OUP Blog

Posted August 16th, 2022 in codes of practice, employment, industrial action, news by sally

‘Every day there are reports of further strikes. Chaos on the railways, the London Underground brought to a standstill, airlines, teachers, the NHS: the list goes on. On one hand, people are fighting for their rights, some would say justifiably. On the other, employers are trying to keep things running. While strikes cause huge disruption for the public, they are also one of the few levers available to employees to bargain for their position.’

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OUP Blog, 11th August 2022

Source: blog.oup.com

Government urged to classify Covid as an occupational disease – The Guardian

‘Ministers should urgently classify Covid-19 as an occupational disease to prompt employers to reduce the risk of exposure and help workers access key benefits, the TUC has said.’

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The Guardian, 15th August 2022

Source: www.theguardian.com

Holiday pay and pensions – Local Government Lawyer

‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’

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Local Government Lawyer, 5th August 2022

Source: www.localgovernmentlawyer.co.uk

Asylum seekers in UK waiting more than six months for decision must be allowed to work, UN says – The Independent

Posted August 5th, 2022 in asylum, delay, employment, forced labour, government departments, immigration, news by tracey

‘The government must allow the 70,000 asylum seekers waiting more than six months for a decision to work to stop them from being exploited and drawn into modern slavery, the UN Refugee Agency (UNHCR) has said.’

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The Independent, 4th August 2022

Source: www.independent.co.uk

Ageism and antisemitism in employment: Dooley – Law & Religion UK

‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’

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Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

Discrimination and Freedom of Belief in the Sex and Gender Debate – UK Human Rights Blog

‘We do not usually cover first-instance employment tribunal judgments on this blog, but two cases handed down in the last three weeks – Forstater v. CGD Europe and Bailey v. Stonewall Equality Ltd and Garden Court Chambers – have attracted so much attention that we feel an exception must be made. Both cases involved women with ‘gender critical’ beliefs who faced hostility in their workplaces after expressing them. Both succeeded in their claims of direct discrimination and victimisation on grounds of belief under the Equality Act 2010. Although neither of the cases sets a binding precedent for other courts or tribunals, they contain interesting legal analysis and comment about the importance of freedom of expression and freedom of belief in the context of work which is of wider significance.’

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UK Human Rights Blog, 3rd August 2022

Source: ukhumanrightsblog.com

Labour MP unfairly sacked senior adviser who called him ‘first class idiot’, tribunal finds – The Independent

‘A Labour MP unfairly dismissed his aide and ex-girlfriend after she felt “marginalised and isolated” in the months leading up to her losing her job, a tribunal has found.’

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The Independent, 3rd August 2022

Source: www.independent.co.uk

MPs call for menopause to be protected characteristic in UK Equality Act – The Guardian

Posted July 28th, 2022 in employment, equality, health, news, reports, women by sally

‘MPs have called for menopause to be a protected characteristic and for a special ambassador to keep women in the workplace, after a report showed the UK is currently “haemorrhaging talent”.’

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The Guardian, 28th July 2022

Source: www.theguardian.com

Allison Bailey: Barrister awarded £22,000 in discrimination case – BBC News

‘A barrister has won part of her employment tribunal claim that she was discriminated against because of her gender-critical views.’

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BBC News, 27th July 2022

Source: www.bbc.co.uk

Law change allows organisations to employ agency workers during strikes – Local Government Lawyer

‘A new law is now in place that will enable organisations impacted by industrial action to plug staffing gaps with agency workers, the Government has said.’

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Local Government Lawyer, 25th July 2022

Source: www.localgovernmentlawyer.co.uk