Ethical veganism is philosophical belief, tribunal rules – BBC News
‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’
BBC News, 3rd January 2020
Source: www.bbc.co.uk
Category: employment
Researcher who lost job for tweeting ‘men cannot change into women’ loses employment tribunal – The Independent
‘A researcher who lost her job after tweeting that men cannot change their biological sex has lost an employment tribunal after her opinions were ruled “absolutist”.’
The Independent, 19th December 2019
Source: www.independent.co.uk
Landmarks in law: the office Christmas party that ended in court – The Guardian
‘t’s Christmas party season, which for many workers means pulling on their festive jumpers and having a few glasses of warm prosecco with colleagues at the office bash. But the fun can sometimes leave bosses with more than just a headache the following day, when the behaviour of their employees lands them in court.’
The Guardian, 19th December 2019
Source: www.theguardian.com
VAT recoverable on shareholder employee tax avoidance scheme says tribunal – OUT-LAW.com
‘Advice on incentivising employees in a tax efficient manner has a direct and immediate link to the purposes of the business and so VAT input tax should be recoverable, even if the employees are directors and shareholders, the UK’s First-tier Tribunal (FTT) has ruled.’
OUT-LAW.com, 10th December 2019
Source: www.pinsentmasons.com
Legal sector to shed thousands of jobs in coming years – Legal Futures
‘The legal services sector is to shed 13,000 jobs in the decade to 2027 – with a further 22,000 at risk if technology brings radical change to the workforce, research for the Law Society has predicted.’
Legal Futures, 10th December 2019
Source: www.legalfutures.co.uk
Disabled workers paid 12% less, ‘damning’ UK official figures show – The Guardian
‘Disabled people continue to face prejudice in the workplace campaigners have said, after latest government figures showed they were paid on average 12.2% less than those without impairments, equivalent to £1.48 an hour.’
The Guardian, 2nd December 2019
Source: www.theguardian.com
EAT rails against ‘endless delays’ of interim orders – Law Society’s Gazette
‘Claimants alleging mistreatment at work should be able to present their case without a succession of preliminary hearings, an employment appeal tribunal has said.’
Law Society's Gazette, 27th November 2019
Source: www.lawgazette.co.uk
New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog
‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’
UKSC Blog, 27th November 2019
Source: ukscblog.com
Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers
‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’
Littleton Chambers, 25th November 2019
Source: www.littletonchambers.com
The Importance of Pre-Action Decisions in Employee Competition Litigation – Littleton Chambers
‘Employee competition litigation typically starts with the discovery of some perceived threat to a business: perhaps the theft or removal of confidential documentation or information; the co-ordinated departure of key employees; or evidence of breaches of post termination covenants. Decisions have to be taken, often under time pressure, about how best to respond to that threat: is a without notice application justified? Is pre-action correspondence appropriate, and if so in what terms? What if any undertakings should be sought? These critical early decisions can have a significant impact on the future conduct of any litigation, including issues of costs and interim relief.’
Littleton Chambers, 21st November 2019
Source: www.littletonchambers.com
Late evidence does not mean automatic protocol exit – Litigation Futures
‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’
Litigation Futures, 14th November 2019
Source: www.litigationfutures.com
Secretary “humiliated” by comments on 50th birthday loses claim against law firm – Legal Futures
‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’
Legal Futures, 8th November 2019
Source: www.legalfutures.co.uk
John Bowers QC’s Employment Law Blog: November – Littleton Chambers
‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’
Littleton Chambers, 4th November 2019
Source: www.littletonchambers.com
Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette
‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’
Law Society's Gazette, 7th November 2019
Source: www.lawgazette.co.uk
Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers
‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’
Littleton Chambers, 8th October 2019
Source: www.littletonchambers.com
Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers
‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’
Old Square Chambers, 16th October 2019
Source: www.oldsquare.co.uk
New law “to put more pressure” on solicitors’ NDA advice – Legal Futures
‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph
‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’
Daily Telegraph, 22nd October 2019
Source: www.telegraph.co.uk
Whistleblowing judges: protected by human rights? – UK Human Rights Blog
‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’
UK Human Rights Blog, 18th October 2019
Source: ukhumanrightsblog.com
