A brief update: COVID-19 related workplace disputes in Employment Tribunal – Parklane Plowden Chambers

‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’

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Parklane Plowden Chambers, 1st March 2021

Source: www.parklaneplowden.co.uk

Priti Patel bullying case dropped after civil servant receives undisclosed settlement – The Independent

‘Home secretary Priti Patel is coming under intense pressure to reveal how much taxpayers’ money was spent on settling a bullying claim from her former top civil servant, who dropped an employment tribunal case after receiving a sum believed to run into six figures.’

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The Independent, 4th March 2021

Source: www.independent.co.uk

Late night coding: who owns the results? – Mills & Reeve

‘In a recent dispute over employees and copyright ownership – Penhallurick v MD5 Limited – ownership of copyright in software created out of hours and on a home computer was in question. Did the employee have the right to take it with him when he left or was it owned by his employer?’

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Mills & Reeve, 3rd March 2021

Source: www.mills-reeve.com

High Court: Covid self-employed support scheme does not unlawfully discriminate against women – UK Human Rights Blog

‘R (The Motherhood Plan and Anor) v HM Treasury [2021] EWHC 309 (Admin). In a judgment handed down on 17 February 2021, the High Court has ruled that the Self Employment Income Support Scheme (“the Scheme”) introduced during the coronavirus pandemic does not indirectly discriminate against self-employed women who have taken a period of leave relating to maternity or pregnancy in the last three tax years.’

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UK Human Rights Blog, 26th February 2021

Source: ukhumanrightsblog.com

What Brexit means for employers and the right to work – EIN Blog

‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’

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EIN Blog 22nd February 2021

Source: www.ein.org.uk

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

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Litigation futures, 19th February 2021

Source: www.litigationfutures.com

Anti-Discrimination and Harassment Training – Pump Court Chambers

‘The Employment Appeal Tribunal has recently prescribed annual booster / refresher training for employers on Equality and Diversity in order to ensure that it is effective in eliminating harassment in the workplace.’

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Pump Court Chambers, 17th February 2021

Source: www.pumpcourtchambers.com

Covid: HSE refuses to close workplaces that are putting employees at risk – The Guardian

‘The government’s health and safety watchdog has failed to shut down any workplaces that put employees at risk of coronavirus even though there have been over 3,500 outbreaks at work since the start of the pandemic, the Observer has discovered.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Employment Law Case Update – St John’s Buildings

Posted February 11th, 2021 in chambers articles, employment, employment tribunals, news by sally

‘2020 saw the Employment Tribunal and higher courts give out fewer judgments due to the pandemic. However, all was not lost and there were still some key judgments shaping the employment sphere and that will no doubt be of interest to lawyers and HR professionals alike.’

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St John's Buildings, 8th February 2021

Source: stjohnsbuildings.com

“Gender reassignment: expanding the protected characteristic” ELA article by Robin Moira White and Sioban Calcott (Brethertons) – Old Square Chambers

Posted February 11th, 2021 in chambers articles, employment, equality, gender, news, transgender persons by sally

‘Old Square Chambers’ Robin White and Sioban Calcott from Brethertons LLP have written an article on “Gender reassignment: expanding the protected characteristic” in the ELA Briefing 2021.’

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Old Square Chambers, 9th February 2021

Source: oldsquare.co.uk

Former trade union strikers challenge convictions at appeal court – The Guardian

Posted February 3rd, 2021 in appeals, criminal justice, employment, industrial action, news, trade unions by sally

‘The actor Ricky Tomlinson is among a group of trade unionists seeking to overturn their criminal convictions arising out of an industrial strike that took place nearly five decades ago.’

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The Guardian, 3rd February 2021

Source: www.theguardian.com

New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by sally

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

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Littleton Chambers, 14th January 2021

Source: littletonchambers.com

Latest Instalment in Insurers’ Challenge to CRU Provisions – Ropewalk Chambers

‘In R (on the application of (1) Aviva Insurance Ltd (2) Swiss Reinsurance Company Ltd) v The Secretary of State for Work and Pensions [2021] EWHC 30 (Admin), Henshaw J dealt with certain consequential matters arising from his earlier judgment dated 20 November 2020 which arose from the Claimants’ challenge to the onerous consequences of the Compensation Recovery Unit scheme, particularly in cases involving long-tail asbestos-related diseases.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

Barristers take on debt and other work to survive pandemic – Legal Futures

Posted January 22nd, 2021 in barristers, coronavirus, debts, employment, news, statistics by sally

‘Six in 10 barristers, rising to 80% of those doing publicly funded work, have taken on personal debt or used savings to get through Covid-19, Bar Council research has found.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Firms accused of putting workers’ lives at risk by bending lockdown trading rules – The Guardian

Posted January 18th, 2021 in coronavirus, employment, enforcement, health & safety, news, ombudsmen by sally

‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’

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The Guardian, 16th January 2021

Source: www.theguardian.com

Government rejects report it will lower workers’ rights post-Brexit – The Guardian

Posted January 15th, 2021 in brexit, EC law, employment, government departments, news by sally

‘The government has rejected a report that following Brexit, it plans to tear up employment protections based in EU law – a strategy that Labour has called “a disgrace”.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

Tribunal finds law firm unfairly dismissed paralegal – Legal Futures

‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’

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Legal Futures, 11th January 2021

Source: www.legalfutures.co.uk

Can employees refuse to attend work because of Covid-19? – Blackstone Chambers

Posted January 8th, 2021 in chambers articles, coronavirus, employment, health & safety, news by sally

‘The Covid-19 pandemic has wrought sudden and drastic changes to the workplace. Many are now working from home, to suppress the spread of the virus and protect themselves or their families from catching it. However, working from home is a precaution which is not available to all, and which is available unequally. There has been no better example of this than last week’s drama (prior to the announcement of the third lockdown) over the reopening of schools, with the government, local authorities, unions and individual schools and teachers at loggerheads over whether pupils can safely return to schools after the Christmas break.’

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Blackstone Chambers, 7th January 2021

Source: coronavirus.blackstonechambers.com

Watchdog finds serious faults in some English care homes’ Covid defences – The Guardian

‘Inspectors have uncovered serious weaknesses in some care homes’ defences against the pandemic, including Covid-positive carers being told to work because of staff shortages, a failure to isolate residents when they return from hospital and poor use of personal protection equipment.’

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The Guardian, 7th January 2021

Source: www.theguardian.com