May a faith-based nursery school sack a teacher for cohabitation? De Groen – Law & Religion UK

Posted December 12th, 2017 in cohabitation, employment, employment tribunals, news, teachers by sally

‘In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe.’

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Law & Religion UK, 12th December 2017

Source: www.lawandreligionuk.com

Ministry of Justice staff lay out their complaints, with significant levels of discrimination and bullying – Legal Futures

Posted December 11th, 2017 in bullying, civil servants, employment, harassment, Ministry of Justice, news, statistics by sally

‘One in seven civil servants at the Ministry of Justice (MoJ) claim that they have faced discrimination in their job, and one in eight say they have been bullied or harassed.’

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Legal Futures, 8th December 2017

Source: www.legalfutures.co.uk

Competition regulator to prioritise productivity growth in future work – OUT-LAW.com

Posted December 7th, 2017 in competition, employment, news, reports by sally

‘The UK’s Competition and Markets Authority (CMA) will prioritise “cases in markets which underpin and enable economic growth” as part of its programme of work for next year, it has said.’

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OUT-LAW.com, 6th December 2017

Source: www.out-law.com

Termination payments to Spurs players not subject to national insurance, Tribunal confirms – OUT-LAW.com

‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’

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OUT-LAW.com, 4th December 2017

Source: www.out-law.com

Uber request to take drivers’ rights case directly to top UK court rejected – Daily Telegraph

Posted December 5th, 2017 in appeals, courts, employment, news, Supreme Court, taxis by tracey

‘Uber’s request to take its appeal to overturn a ruling over drivers’ rights directly to the UK’s highest court, skipping the Court of Appeal, has been rejected.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Employment: Is the gig finally up for Uber? – Law Society’s Gazette

Posted December 4th, 2017 in appeals, employment, employment tribunals, interpretation, news, taxis by sally

‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’

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Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

’Irrelevant’ criminal record checks harm ex-offenders’ job hopes – The Guardian

‘The criminal records system is hampering the rehabilitation of ex-offenders, according to new figures. Nearly three quarters of the million or so convictions revealed to employers each year in criminal records checks are more than a decade old. Only around 5,000 – one in 197 – are considered relevant to a person’s job application.’

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The Guardian, 25th November 2017

Source: www.theguardian.com

Gig economy reform – how to balance innovation and the protection of workers – Technology Law Update

Posted November 27th, 2017 in bills, employment, flexible working, news, reports, select committees by sally

‘The position of workers in the gig economy, those on zero hours contracts and agency workers has been the focus of political attention recently. While these models provide valuable flexibility to businesses, especially those using innovative technology like using an app or a website to hire someone for a particular task, they can leave individuals with insecure incomes and future prospects, and unprotected from exploitative companies. They can also leave the most responsible businesses at a disadvantage.’

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Technology Law Update, 23rd November 2017

Source: www.technology-law-blog.co.uk

The Problem of Iago: Bringing or Defending a Tainted Information Whistleblowing Claim Part 2 – Littleton Chambers

Posted November 24th, 2017 in disciplinary procedures, employment, news, whistleblowers by sally

‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

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Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

Sexual Harassment in the Workplace: A Widespread Problem – Old Square Chambers

Posted November 23rd, 2017 in employment, equality, harassment, news, sexual offences by sally

‘Recent revelations in both America and the United Kingdom have shone a spotlight on the issue of sexual harassment and highlighted how common it is in the workplace. This is reflected in a recent survey carried out by the TUC: 52% of the women surveyed said that they had experienced some form of sexual harassment at work, nearly a quarter had experienced unwanted touching – like a hand on the knee or lower back at work -, and a fifth had experienced unwanted verbal sexual advances at work.’

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Old Square Chambers, 15th November 2017

Source: www.oldsquare.co.uk

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

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Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

New right to paid leave for bereaved parents: A welcome move – Legal Futures

Posted November 21st, 2017 in bereavement, employment, news, parental rights by sally

‘This year, like many in recent years, has seen some key changes within the employment law field, with the government, trade unions and lobbyists remaining endlessly engaged in seeking to impose their interpretation of fair balance between employers and their respective workforces.’

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Legal Futures, 20th November 2017

Source: www.legalfutures.co.uk

University support staff launch landmark case over pay and conditions – The Guardian

Posted November 21st, 2017 in contracting out, employment, news, trade unions, universities by sally

‘A union is launching a legal challenge over the rights of 75 university support staff to negotiate their pay and conditions in a landmark case that could improve rights for outsourced workers.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

New guidance issued to tackle pregnancy and maternity discrimination at work – The Independent

Posted November 21st, 2017 in employment, news, pregnancy, sex discrimination by sally

‘New guidance has been issued to tackle pregnancy and maternity discrimination at work after a huge increase in calls for advice.’

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The Independent, 21st November 2017

Source: www.independent.co.uk

‘Outsourced’ workers seek better deal in landmark case – BBC News

Posted November 21st, 2017 in contracting out, employment, news, universities by sally

‘A group of 75 workers, including porters and receptionists, are going to tribunal to gain more rights at work.’

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BBC News, 21st November 2017

Source: www.bbc.co.uk

Whistleblowers deterred by fears over damaging career prospects, finds research – The Independent

Posted November 8th, 2017 in employment, news, professional conduct, reports, statistics, whistleblowers by tracey

‘Nearly two-thirds of UK business managers would avoid whistleblowing at work for fear of damaging their career prospects, a new report has found.’

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The Independent, 8th November 2017

Source: www.independent.co.uk

Youth Justice System ‘Falls Short’ of Human Rights Obligations, MPs Claim – Rights Info

‘The current system of disclosing past convictions undermines the principles of the youth justice system, according to a report published today by the Justice Committee.’

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Rights Info, 27th October 2017

Source: rightsinfo.org