‘An employer acted reasonably in relying on legal advice that the restrictive covenants on a new employee were unlikely to be enforceable, even though they proved to be, the Court of Appeal has ruled.’
Legal Futures, 2nd March 2020
Source: www.legalfutures.co.uk
‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’
Old Square Chambers, 24th February 2020
Source: www.oldsquare.co.uk
‘A woman is to receive nearly £400,000 from the Department for Work and Pensions after a judge ruled that her colleagues there had deliberately created a “hostile environment” of racism and ageism that forced her out of work.’
The Guardian, 25th February 2020
Source: www.theguardian.com
‘Samira Ahmed and the BBC have reached a settlement after the presenter won her equal pay claim against the corporation.’
Daily Telegraph, 24th February 2020
Source: www.telegraph.co.uk
‘A “landmark” legal case could determine whether the use of outsourcing firms to employ black and minority ethnic (BAME) workers on “inferior” pay and conditions is discriminatory.’
Each Other, 21st February 2020
Source: eachother.org.uk
‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.’
Local Government Lawyer, 20th February 2020
Source: www.localgovernmentlawyer.co.uk
‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘The Claimant, Mr Casamitjana, was dismissed from his role at the League Against Cruel Sports in April 2018 after disclosing to colleagues that the company’s pension funds were being invested ‘unethically’. This was considered by the Respondent to be contrary to a management instruction not to provide financial advice to his colleagues. The Claimant brought claims of indirect discrimination, direct discrimination/harassment and victimisation by reference to his belief in ethical veganism, and PIDA detriment and dismissal, and wrongful dismissal.’
3PB, 7th February 2020
Source: www.3pb.co.uk
‘Neil Witham died at the age of 55 from mesothelioma leaving behind his wife (the Claimant) and his two foster children. At the heart of the dispute between the parties in this case was the width and breadth of the Fatal Accidents Act 1976 and the proper method to quantify the dependency if it fell within the scope of the Act.’
12 King's Bench Walk, 14th February 2020
Source: www.12kbw.co.uk
‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’
Old Square Chambers, 17th February 2020
Source: www.oldsquare.co.uk
‘The self-employed Polish plumber will be a thing of the past. Uber taxis in Britain’s big cities could be harder to come by. Anybody who wants to hire a Lithuanian nanny will have to pay them £500 a week – and make sure the taxman knows about it.’
The Guardian, 18th February 2020
Source: www.theguardian.com
‘There are a number of ways in which this judgment opens the door to arguments about its wider impact.’
UKSC Blog, 17th February 2020
Source: ukscblog.com
‘If an employee is dismissed on bogus grounds invented by someone more senior than her in the business, that person’s true reason for acting as they did will be the real reason for the dismissal, even if the decision to dismiss was made by another person acting in good faith in reliance on the bogus grounds.’
UKSC Blog, 17th February 2020
Source: ukscblog.com
‘Non-disclosure agreements should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work, Acas has said in new guidance.’
Local Government Lawyer, 10th February 2020
Source: www.localgovernmentlawyer.co.uk
‘Non-disclosure agreements (NDAs) should not be used to prevent someone from reporting sexual harassment in the workplace, according to new guidance.’
BBC News, 10th February 2020
Source: www.bbc.co.uk
‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’
Law Society's Gazette, 6th February 2020
Source: www.lawgazette.co.uk
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