Bathgate v Technip [2023] CSIH: Broadening the Scope of Qualifying Settlement Agreements – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, contract of employment, employment, news, Scotland by sally

‘As all employment lawyers know, in order to protect them from being taken advantage of by unscrupulous employers, employees cannot ordinarily contract out of their employment rights. There are only two exceptions. They can do so in a contract of settlement made with the assistance of ACAS, known as a “COT3”, or they can do so in “qualifying settlement agreement”, but not otherwise.’

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Parklane Plowden Chambers, 12th February 2024

Source: www.parklaneplowden.co.uk

Head teacher sacked for tapping own child’s hand with fingers wins tribunal case – The Independent

‘An experienced primary school head teacher sacked for assault after tapping her own son’s hand to stop him playing with a bottle of hand sanitiser was unfairly dismissed, an employment tribunal has ruled.’

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The Independent, 9th March 2024

Source: www.independent.co.uk

Changes to holiday pay and entitlements – Kingsley Napley Employment Law Blog

Posted March 8th, 2024 in chambers articles, employment, holiday pay, news by sally

‘Calculating statutory holiday entitlements and pay has been an area of legal uncertainty, causing practical challenges for employers, for many years now. The Government has tried to resolve some of these with new legislation and provisions to update the law on holiday pay and calculation that came into force on 1 January 2024. It has also issued non-statutory guidance on the changes and separate non-statutory guidance on holiday entitlement generally which seeks to explain, in simple terms, workers’ entitlement to annual leave and pay.’

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Kingsley Napley Employment Law Blog, 7th March 2024

Source: www.kingsleynapley.co.uk

Reasonable Adjustments and Recording Tribunal Proceedings: Bella v Barclays Execution Services Ltd & Ors [2024] EAT 16 – Parklane Plowden Chambers

‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’

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Parklane Plowden Chambers, 27th February 2024

Source: www.parklaneplowden.co.uk

Is There a Place for Law to Regulate Menopause in the Workplace?”- by Eugenia Caracciolo di Torella and Pascale Lorber – UK Labour Law Blog

‘Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the current legal framework needs some rethinking and adaptation given the number of workers affected by the menopause and the types of issues that have been raised in the workplace as a result.’

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UK Labour Law Blog, 8th March 2024

Source: uklabourlawblog.com

When is Relief Not Relief? – Pump Court Chambers

‘Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject of scrutiny. The all-pervasive nature of Denton has led to such applications being made when arguably it was unnecessary or erroneously applied.’

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Pump Court Chambers, 13th February 2024

Source: www.pumpcourtchambers.com

Navigating menopause in the workplace: A guide for employers – Kingsley Napley Employment Law Blog

‘Yesterday [22 February], the Equality and Human Rights Commission (EHRC) published new guidance on an employer’s legal obligations towards employees who experience menopause and perimenopause..

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Kingsley Napley Employment Law Blog, 23rd February 2024

Source: www.kingsleynapley.co.uk

Equalities regulator issues advice for employers on menopause and Equality Act – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has issued guidance on menopause in the workplace, setting out employers’ legal obligations under the Equality Act 2010.’

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Local Government Lawyer, 28th February 2024

Source: www.localgovernmentlawyer.co.uk

Government urged not to resurrect fees for UK employment tribunals – The Guardian

‘Unions and workers’ rights groups are urging the government to reconsider plans to reintroduce fees for employment tribunals amid fears it will encourage exploitation.’

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The Guardian, 26th February 2024

Source: www.theguardian.com

Leisure firm told scanning staff faces is illegal – BBC News

Posted February 23rd, 2024 in employment, enforcement notices, facial mapping, news, privacy by michael

‘The Information Commissioner’s Office (ICO) says Serco Leisure has been unlawfully processing the biometric data of more than 2,000 employees at 38 UK leisure facilities.’

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BBC News, 23rd February 2024

Source: www.bbc.co.uk

Oxford University tutors secure employee status – Solicitors Journal

Posted February 23rd, 2024 in contract of employment, employment, employment tribunals, news, universities by michael

‘The ruling highlights the power imbalance between precarious tutors and the prestigious institution, prompting calls for a re-evaluation of employment practices in higher education.’

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Solicitors Journal, 22nd February 2024

Source: www.solicitorsjournal.com

Employers must make ‘reasonable adjustments’ for women going through menopause – The Guardian

Posted February 22nd, 2024 in employment, equality, health, menopause, news, women by sally

‘Employers could be sued for disability discrimination if they fail to make “reasonable adjustments” for women going through menopause under new guidance issued by the Equality and Human Rights Commission (EHRC) on Thursday, amid concern over the number of women leaving their jobs due to symptoms.’

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The Guardian, 22nd February 2024

Source: www.theguardian.com

Industrial action in the UK – OUT-LAW.com

Posted February 19th, 2024 in employment, industrial action, news, trade unions by tracey

‘UK employers faced with industrial action need to understand the steps that a trade union must take before they can lawfully make a call for industrial action and the timing of those steps.’

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OUT-LAW.com, 16th February 2024

Source: www.pinsentmasons.com

Company fined £450,000 and director and site manager sentenced following death of labourer – Crown Prosecution Service

‘A company has been fined £450,000 and the firm’s director has received a suspended prison sentence after a labourer was crushed to death at a construction site.’

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Crown Prosecution Service, 15th February 2024

Source: www.cps.gov.uk

Victims of Modern Slavery Overlooked Due To Lack of Training, Report Finds – Each Other

Posted February 14th, 2024 in children, employment, forced labour, government departments, local government, news by sally

‘A new report by The Rights Lab and ECPAT, a leading children’s rights organisation, has highlighted the ways in which the UK government and local authorities could become more effective at handling child protection in relation to modern slavery.’

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Each Other, 14th February 2024

Source: eachother.org.uk

Home Office plans new protest offences and anti-Zionism is a protected belief – UK Human Rights Blog

‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’

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UK Human Rights Blog, 12th February 2024

Source: ukhumanrightsblog.com

Regulatory references under SMCR: what you need to know – Kingsley Napley Employment Law Blog

Posted February 14th, 2024 in banking, chambers articles, employment, insurance, news by sally

‘First introduced for banks and insurers in March 2017, regulatory references are now a requirement for all firms regulated by the Financial Conduct Authority and Prudential Regulation Authority, under the senior manager and certification regime.’

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Kingsley Napley Employment Law Blog, 12th February 2024

Source: www.kingsleynapley.co.uk

Royal Marines to fight MoD in court in asbestos claim – BBC News

‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

Shahrar Ali wins ‘gender critical’ court battle against Green Party – BBC News

‘The Green Party discriminated against former deputy leader Dr Shahrar Ali during a row over his gender critical beliefs, a court has ruled.’

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BBC News, 9th February 2024

Source: www.bbc.co.uk

Pizza boss banned for hiring two illegal workers – BBC News

Posted January 30th, 2024 in company directors, disqualification, employment, fines, immigration, news by tracey

‘A pizzeria owner from Cumbria who hired two illegal workers has been banned from being a company director for six years.’

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BBC News, 30th January 2024

Source: www.bbc.co.uk