PI claim to proceed despite tribunal settlement – Law Society’s Gazette

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

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Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Staying away from work because of Covid: a trap for employers? – Local Government Lawyer

‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

‘I’m still traumatised’: UK music industry blighted by sexual harassment and abuse, report finds – The Independent

‘A damning new report has highlighted the ongoing prevalence of sexual harassment and abuse in the music industry, as the UK begins to see the return of live music.’

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The Independent, 3rd September 2021

Source: www.independent.co.uk

UK employers can expect wave of new data and AI guidance – OUT-LAW.com

Posted September 1st, 2021 in artificial intelligence, data protection, employment, equality, news, privacy by sally

‘Fresh guidance on monitoring workers and on using artificial intelligence (AI) tools in recruitment is to be issued to employers in the UK under plans announced by two UK regulators.’

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OUT-LAW.com, 31st August 2021

Source: www.pinsentmasons.com

Can Your Employer Cut Your Pay For Working Remotely? – Each Other

Posted August 26th, 2021 in coronavirus, disabled persons, employment, flexible working, news, remuneration by sally

‘As the UK eases back into in-person work environments, some employers are considering pay cuts for employees who elect to work remotely.’

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Each Other, 25th August 2021

Source: eachother.org.uk

A constructive dismissal is, in principle, capable of constituting an act of harassment, within the meaning of section 26 of the Equality Act 2010 – 3PB

‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’

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3PB, August 2021

Source: www.3pb.co.uk

The ‘shifting’ burden and the drawing of adverse inferences – 3PB

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

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3PB, 9th August 2021

Source: www.3pb.co.uk

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Equality laws could be changed to protect women in menopause, says MP – The Guardian

‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’

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The Guardian, 18th August 2021

Source: www.theguardian.com

UK academic sues university after losing role in critical race theory row – The Guardian

‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’

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The Guardian, 16th March 2021

Source: www.theguardian.com

Unfair dismissal and religion again: Ferguson v Kintail Trustees – Law & Religion UK

‘In Mr K Ferguson v Kintail Trustees Ltd & Anor [2021] ET 4103321/2020, the claimant was Director and Chief Executive of Kintail Trustees, a limited company that operates as the corporate trustee of the Robertson Trust, a charity. He was also an elder, the treasurer and a trustee of Stirling Free Church of Scotland’

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Law & Religion UK, 9th August 2021

Source: lawandreligionuk.com

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog

‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’

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UK Human Rights Blog, 6th August 2021

Source: ukhumanrightsblog.com

Menopause at centre of increasing number of UK employment tribunals – The Guardian

‘Growing numbers of women are taking their employers to court citing the menopause as proof of unfair dismissal and direct sex discrimination, researchers have said.’

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The Guardian, 7th August 2021

Source: www.theguardian.com

Bosses battle over rights and wrongs of ‘no jab, no job’ – The Guardian

Posted August 9th, 2021 in coronavirus, employment, human rights, news, unfair dismissal, vaccination by sally

‘While big-name US firms can compel their staff to be vaccinated against Covid, in the UK the issue is a legal and moral minefield.’

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The Guardian, 8th August 2021

Source: www.theguardian.com

Right-to-work regime – Law Society’s Gazette

‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’

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Law Society's Gazette, 2nd August 2021

Source: www.lawgazette.co.uk

Mandatory Covid-19 vaccinations in the health sector: the position across Europe – OUT-LAW.com

‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’

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OUT-LAW.com, 28th July 2021

Source: www.pinsentmasons.com

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

The rise of ‘fire and rehire’ strategies in retail – Parklane Plowden Chambers

Posted July 29th, 2021 in chambers articles, company law, coronavirus, employment, news by sally

‘Richard Ryan, specialist employment barrister at Parklane Plowden Chambers, explains the legalities around fire and rehire strategies.’

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Parklane Plowden Chambers, 21st July 2021

Source: www.parklaneplowden.co.uk