Category: employment

Employee Monitoring as a Form of Imprisonment – Jeevan Hariharan and Hadassa Noorda – UK Labour Law

Posted May 21st, 2021 in employment, human rights, imprisonment, news, privacy, spying by sally

‘A cursory Google search of employee monitoring tools reveals the breadth of technologies now available for companies to track worker activity. The top results are dominated by advertisements for software with features like keystroke logging, website monitoring, video surveillance and geolocational tracking, all with the goals of keeping managers informed and harnessing productivity. While monitoring employees is hardly a new phenomenon, the interest in such technologies has dramatically increased as a result of the Covid-19 pandemic with the surge of people working from home (WFH). From a legal perspective, the permissibility of these monitoring practices is complex.’

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UK Labour Law, 19th May 2021

Source: uklabourlawblog.com

Tribunal throws out employment lawyer’s disability discrimination claim – Legal Futures

Posted May 10th, 2021 in accidents, disability discrimination, disabled persons, employment, employment tribunals, equality, news, personal injuries, solicitors by sally

‘An employment lawyer who appeared at tribunals during a time he said he was “pretty constantly bed bound” due to a back injury has had his disability discrimination claim rejected.’

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Legal Futures, 10th May 2021

Source: www.legalfutures.co.uk

Entrepreneur with “strong views on breastfeeding” unfairly dismissed lawyer – Legal Futures

Posted May 5th, 2021 in breastfeeding, employment, employment tribunals, maternity leave, news, pregnancy, redundancy, sex discrimination, unfair dismissal by sally

‘A Russian entrepreneur based in the UK with “strong views on the importance of breastfeeding” unfairly dismissed a lawyer after she took maternity leave, an employment tribunal has ruled.’

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Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

Posted April 26th, 2021 in age discrimination, coronavirus, disability discrimination, disabled persons, employment, employment tribunals, equality, law firms, news, redundancy, solicitors, time limits, unfair dismissal by sally

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk

New inquiry to be launched into civil servants taking second jobs – The Guardian

Posted April 26th, 2021 in civil servants, codes of practice, employment, government departments, inquiries, lobbying, news by sally

‘A new inquiry will be launched into civil servants taking second jobs, likely leading to officials facing tougher scrutiny after the Greensill scandal, the Guardian has learned.’

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The Guardian, 25th April 2021

Source: www.theguardian.com

Former subpostmasters expected to have names cleared after court appeal – The Guardian

Posted April 23rd, 2021 in appeals, class actions, compensation, computer programs, damages, disclosure, employment, false accounting, fraud, news, postal service, theft by sally

‘Dozens of former subpostmasters who were convicted of theft, fraud and false accounting because of the Post Office’s defective Horizon accounting system are expected to finally have their names cleared.’

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The Guardian, 23rd April 2021

Source: www.theguardian.com

Law firms “not being held to account for toxic cultures” – Legal Futures

Posted April 23rd, 2021 in employment, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘Law firms are not being held to account for “toxic” work cultures, particularly where there is a lot of pressure on young lawyers, a leading expert on regulation has said.’

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Legal Futures, 22nd April 2021

Source: www.legalfutures.co.uk

Freshfields report into bank rape allegations not covered by privilege – Law Society’s Gazette

Posted April 21st, 2021 in banking, constructive dismissal, disclosure, employment, employment tribunals, law firms, legal services, news, privilege, rape, sexual offences, solicitors, Solicitors Regulation Authority by sally

‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

Very large organisations could see fines for health and safety offences double – OUT-LAW.com

Posted April 19th, 2021 in appeals, company law, employment, fines, health & safety, news, proportionality by sally

‘Very large organisations may see fines for health and safety breaches doubled, according to the Court of Appeal in England and Wales. There remains, however, no clear judicial guidance on what the threshold for “very large” looks like in practice.’

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OUT-LAW.com, 16th April 2021

Source: www.pinsentmasons.com

Mandatory vaccinations for care home workers – a slippery slope? – UK Human Rights Blog

Posted April 19th, 2021 in care homes, consultations, coronavirus, employment, government departments, human rights, news, vaccination by sally

‘Or, as Andrew Neil put it on the Spectator TV News Channel this week, “A Dripping Roast For Lawyers”. To be fair, Neil was referring to the patchwork of mandatory vaccines across the United States. But with the publication yesterday of the Government’s consultation paper on vaccine requirements for all staff deployed in a care home supporting at least one older adult over the age of 65, the debate raging about “vaccine passports” has a real target in its sights. Not only because the government has found some primary legislation that gives it the power to introduce mandatory vaccinations, but also because the proposals are not limited to employees.’

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UK Human Rights Blog, 16th April 2021

Source: ukhumanrightsblog.com

Clergy speak out over ‘racism in Church of England’ Published8 hours ago – BBC News

Posted April 19th, 2021 in Church of England, complaints, disclosure, employment, news, racism by sally

‘Some ethnic minority staff who made complaints of racism within the Church of England have been paid off to “buy their silence”, BBC Panorama has been told.’

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BBC News, 19th April 2021

Source: www.bbc.co.uk

Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden

Posted April 16th, 2021 in appeals, chambers articles, disciplinary procedures, employment, employment tribunals, estoppel, harassment, news, res judicata, sexual offences, trade unions by sally

‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’

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Parklane Plowden, 10th March 2021

Source: www.parklaneplowden.co.uk

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

Posted April 16th, 2021 in care homes, child abuse, children, damages, duty of care, employment, local government, news, sexual offences by sally

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

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Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Senior City lawyers want to continue working flexibly – or will leave – Legal Futures

Posted April 16th, 2021 in coronavirus, employment, flexible working, law firms, news, solicitors by sally

‘The major City law firms are on notice that their big hitters want a permanent post-Covid change in work patterns or some will look to leave, new research has found.’

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Legal Futures, 16th April 2021

Source: www.legalfutures.co.uk

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

Posted April 16th, 2021 in contract of employment, coronavirus, employment, employment tribunals, law firms, news, solicitors, unfair dismissal by sally

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

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Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

Keeping it Simple … A blog by Daphne Romney QC on the Asda Stores v Brierley UKSC decision – Cloisters

Posted April 15th, 2021 in appeals, chambers articles, class actions, employment, equal pay, equality, news, remuneration, sex discrimination, Supreme Court, women by sally

‘The Supreme Court has finally handed down judgment in Asda Stores Ltd v Brierley. But although it clarified and simplified the law concerning comparators at different establishments under s.79 EqA, it left other questions unresolved. Daphne Romney QC considers the judgment.’

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Cloisters, 26th March 2021

Source: www.cloisters.com

Covid-19 related absence dismissal was not automatically unfair – St Philips Barristers

Posted April 14th, 2021 in chambers articles, coronavirus, employment, employment tribunals, health & safety, news, unfair dismissal by sally

‘The Leeds Employment Tribunal has recently determined one of the first dismissals arising out of the coronavirus pandemic in Rogers v Leeds Laser Cuttings Ltd [2021] No. 1803829/2020, writes Jonathan Gidney.’

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St Philips Chambers, 25th March 2021

Source: st-philips.com

“Lost years claims”: a rare re-opening following determination on damages – 3PB

Posted April 14th, 2021 in appeals, asbestos, cancer, chambers articles, damages, employment, industrial injuries, news by sally

‘This was a Court of Appeal decision following a hearing in December 2020. The parties to the Claim were the estate of the late Appellant, Michael Head and his former employer the Culver Heating Company Limited as Respondent.’

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3PB, 2nd March 2021

Source: www.3pb.co.uk

Judgment on Asda Stores Ltd v Brierley and others [2021] UKSC 10 – case summary by Daisy van den Berg – Old Square Chambers

Posted April 14th, 2021 in appeals, chambers articles, class actions, employment, equality, news, remuneration, sex discrimination, Supreme Court, women by sally

‘Judgment was handed down on 26 March 2021 by the Supreme Court in the case of Asda Stores Ltd v Brierley and others [2021] UKSC 10. It was held that employees working in Asda’s stores can use as comparators employees working in Asda’s depots for the purposes of an equal pay claim.’

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Old Square Chambers, 26th March 2021

Source: oldsquare.co.uk

Legal implications of ‘no jab, no job’ – Six Pump Court

Posted April 14th, 2021 in chambers articles, coronavirus, employment, news, vaccination by sally

‘Gordon Menzies considers the legal implications of ‘no jab, no job’ initiatives by employers and offers a guide to some of the relevant factors that should be taken into consideration when such measures are considered.’

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Six Pump Court, 6th April 2021

Source: www.6pumpcourt.co.uk