Alerter by Jack Castle – Formal notice not required to have “sought to take” parental leave – Henderson Chambers

‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’

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Henderson Chambers, 25th March 2024

Source: www.hendersonchambers.co.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

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Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

Human rights protections inhibit employer sanctions over lawful strike action, rules Supreme Court – OUT-LAW.com

‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’

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OUT-LAW.com, 17th April 2024

Source: www.pinsentmasons.com

Whistleblower protection and proposals for reform – Kingsley Napley Criminal Law Blog

Posted April 18th, 2024 in bills, employment, news, whistleblowers by sally

‘When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations. In addition, the approach and expectations of the authorities in the UK are changing, particularly with support being voiced for the idea of introducing financial rewards for whistleblowers.’

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Kingsley Napley Criminal Law Blog, 17th April 2024

Source: www.kingsleynapley.co.uk

Council chief executive sent unlawful email to union members, tribunal concludes – Local Government Lawyer

‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’

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Local Government Lawyer, 10th April 2024

Source: www.localgovernmentlawyer.co.uk

Enhanced right to ask for flexible working comes into force – The Guardian

Posted April 8th, 2024 in codes of practice, employment, flexible working, news by tracey

‘Employees will have the legal right from Saturday to request flexible working from their first day in a new job.’

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The Guardian, 6th April 2024

Source: www.theguardian.com

Crackdown on ‘gagging orders’ to protect victims’ ability to access support – Ministry of Justice

‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’

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Ministry of Justice, 28th March 2024

Source: www.gov.uk

Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector – Law & Social Inquiry

‘A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.’

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Law & Social Inquiry, 14th February 2024

Source: www.cambridge.org

In the heat of the moment : the statutory concept of dismissal and impulsive resignations – by Hugh Collins – UK Labour Law

Posted March 27th, 2024 in appeals, contract of employment, employment, employment tribunals, news by sally

‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’

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UK Labour Law, 26th March 2024

Source: uklabourlawblog.com

Defendant law firms “scaring off” legitimate employer’s liability claims – Legal Futures

Posted March 26th, 2024 in accidents, compensation, employment, law firms, news, personal injuries by tracey

‘At least £284m has been unclaimed from accidents at work in 2023, with workers increasingly reluctant to seek compensation from their employer, according to National Accident Helpline (NAH).’

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Legal Futures, 26th March 2024

Source: www.legalfutures.co.uk

Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales – Cloisters

‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’

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Cloisters, 9th February 2024

Source: www.cloisters.com

Migrant Work, Gender and the Hostile Environment: A Human Rights Analysis – Industrial Law Journal

‘This article addresses work-related and gendered harms of the “hostile environment”, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s “Istanbul Convention” and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.’

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Industrial Law Journal, March 2024

Source: academic.oup.com

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