Article 9 ECHR & promotion of religious views by employees: Kuteh – Law & Religion UK

‘ In Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818, the Claimant was a nursing sister employed by the Trust. She was a “committed Christian”; and in March and April 2016, staff in her department told her superiors that patients had been complaining that when they were being assessed by Mrs Kuteh she had been raising matters of religion and faith with them. One patient complained that she had been asked “what she thought Easter was about”, another that he had been asked what he thought being a Christian meant and a third, about to undergo major surgery for bowel cancer, that she had told him that if he prayed to God he would have a better chance of survival. In the end, she was dismissed: she lost her claim in the Employment Tribunal and, in an unreported judgment, the Employment Appeal Tribunal held that the grounds for an appeal to it were unarguable and dismissed her appeal from the ET’s decision[1]. [For the detailed background, see Mrs S Kuteh v Dartford and Gravesham NHS Trust (England and Wales: Unfair Dismissal) [2017] UKET 2302764/2016.]’

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Law & Religion UK, 14th May 2019

Source: www.lawandreligionuk.com

Employment lawyers acknowledge place for further regulation of confidentiality agreements but express concern over lack of regulatory clarity – Local Government Lawyer

‘There is a place for further review and regulation of confidentiality agreements (or NDAs), particularly in settlement agreements, to reduce the risk that such agreements prevent proper reporting of sexual misconduct at work, the Employment Lawyers Association (ELA) has said.’

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Local Government Lawyer, 9th May 2019

Source: www.localgovernmentlawyer.co.uk

Exclusive: Pressured young solicitors “need courage to walk away” – Legal Futures

‘Young solicitors who find themselves in toxic work environments cannot “leave their professional ethical compass at home” and ultimately have to walk away, the president of the Solicitors Disciplinary Tribunal (SDT) has said.’

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Legal Futures, 7th May 2019

Source: www.legalfutures.co.uk

Leading firm held liable for asbestos case blunder – Legal Futures

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

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Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

Workplace stress drives up disability discrimination claims by more than a third, employment law experts say – Daily Telegraph

‘Workplace stress drives up disability discrimination claims by more than a third, employment law experts suggest.’

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Daily Telegraph, 28th April 2019

Source: www.telegraph.co.uk

Criminals could keep records from employers under review by home secretary Sajid Javid – The Independent

Posted April 17th, 2019 in criminal records, disclosure, employment, news by tracey

‘Employers could be kept in the dark about the criminal records of some job applicants under a review of rules by the home secretary. Sajid Javid said the government needs to “look again” at how much is revealed about people who have committed certain crimes when they apply for jobs.’

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The Independent, 17th April 2019

Source: www.independent.co.uk

How & why not all transfers are TUPE transfers – New Law Journal

Posted April 15th, 2019 in employment, news, transfer of undertakings, unfair dismissal by michael

‘Whenever employees are transferred from one employer to another, the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246) are the practitioner’s first port of call. However, not all cases of transfer of employment involve a TUPE transfer.’

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New Law Journal, 11th April 2019

Source: www.newlawjournal.co.uk

Prison officer gets G4S payout for brain damage after assault – The Guardian

‘A prison officer left with permanent brain damage after an attack at a children’s jail run by G4S has spoken about his continued belief in rehabilitation after receiving a “substantial” settlement from his former employer.’

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The Guardian, 12th April 2019

Source: www.theguardian.com

Vicarious liability not a “one-way street” for accident victims – Litigation Futures

‘Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has said.’

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Litigation Futures, 11th April 2019

Source: www.litigationfutures.com

Top judge attacks growing ‘abuse’ of parliamentary privilege – The Guardian

‘The lord chief justice has accused MPs and peers of endangering the rule of law through repeated “abuse” of parliamentary privilege to name individuals granted anonymity in court cases.’

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The Guardian, 9th April 2019

Source: www.theguardian.com

Watchdog dismisses Sir Philip Green complaint against Peter Hain – The Guardian

‘The House of Lords standards watchdog has dismissed a complaint against the former Labour cabinet minister Peter Hain for using parliamentary privilege to name the Topshop tycoon Sir Philip Green as the businessman at the centre of harassment allegations.’

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The Guardian, 8th April 2019

Source: www.theguardian.com

New laws on payslip information come into force this week – The Guardian

Posted April 8th, 2019 in agency, documents, employment, equality, holiday pay, holidays, news, remuneration by sally

‘New laws on payslips come into force from this week, requiring employers to set out variable rates of pay and hours worked so that workers can more easily check that they are receiving the minimum wage.’

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The Guardian, 8th April 2019

Source: www.theguardian.com

Can I work from home as a lawyer? – The Guardian

Posted March 27th, 2019 in employment, flexible working, legal profession, mental health, news, solicitors by sally

‘Agile working is on the rise in the legal profession, with employees free to work where, when and how they choose.’

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The Guardian, 26th March 2019

Source: www.theguardian.com

Tax tribunal: presenter Lorraine Kelly not ’employee’ of ITV – OUT-LAW.com

‘TV presenter Lorraine Kelly has won an employment tax case against HM Revenue and Customs (HMRC), after the first-tier tribunal found that she was not an ’employee’ of ITV to whom the IR35 disguised employment provisions should apply.’

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OUT-LAW.com, 22nd March 2019

Source: www.out-law.com

Lorraine Kelly wins £1.2m tax case against HMRC over ITV work – BBC News

‘Lorraine Kelly has won a row over a £1.2m tax bill, after a judge ruled she was not employed by ITV, but performs as her “chatty” TV persona.’

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BBC News, 21st March 2019

Source: www.bbc.co.uk

Working on the Sabbath: City of Oxford Bus Services Ltd v Harvey – Law & Religion UK

‘In The City of Oxford Bus Services Ltd (t/a Oxford Bus Company) v Harvey [2018] UKEAT 0171 18 2112, the Company employed Mr Harvey, a Seventh Day Adventist, as a bus driver. Drivers were required to work on five out of seven days each week, including on Fridays and Saturdays but Mr Harvey, as an Adventist, was obliged to respect the Sabbath by not working between sunset on a Friday and sunset on a Saturday.’

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Law & Religion UK, 18th March 2019

Source: www.lawandreligionuk.com

“No ethical leadership”: Law Society blasted over NDA guidance – Legal Futures

‘Law Society guidance on the use of non-disclosure agreements (NDAs) demonstrates an absence of “ethical leadership” and shows why the profession cannot be allowed to sort such issues on its own, a leading academic has claimed.’

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Legal Futures, 15th March 2019

Source: www.legalfutures.co.uk

Home Office pays £1m to civil servants in discrimination case – The Guardian

‘Nearly 50 civil servants who accused the Home Office of discrimination because of their age or ethnicity have secured more than £1m in compensation following a tribunal.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

‘Unethical’ use of NDAs prompts consultation on laws to protect victims – Law Society’s Gazette

‘The government today indicated it will legislate to stop employers from using confidentiality clauses to intimidate victims of harassment into silence.’

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Law Society's Gazette, 4th March 2019

Source: www.lawgazette.co.uk

Lucy Bone on Confidentiality Clauses and Sexual Harassment – Littleton Chambers

‘Can an employer rely on a contractual confidentiality clause to prevent disclosure of allegations of harassment and discrimination? This was the question posed in Linklaters v. Mellish [2019] EWHC 177, heard by the High Court last week.’

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Littleton Chambers, 18th February 2019

Source: www.littletonchambers.com