Take care of privacy rules when monitoring staff, watchdog warns employers – The Independent

Posted October 3rd, 2023 in data protection, employment, news, privacy by sally

‘The information watchdog has warned employers that it will take action if their monitoring of employees oversteps the line.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

The new right to request a predictable work pattern – Mills & Reeve

Posted October 2nd, 2023 in chambers articles, employment, flexible working, news by sally

‘Legislation due to come into force next year establishes a new legal framework for discussions about unpredictable working patterns.’

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Mills & Reeve, 28th September 2023

Source: www.mills-reeve.com

Woman alleging menopause discrimination to be heard by employment tribunal in legal first – The Independent

‘The case of a woman who was allegedly discriminated against due to suffering menopause symptoms will be heard by an employment tribunal this week in a legal first.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

UK regulators’ diversity plans for finance industry – OUT-LAW.com

‘Plans by the UK’s two financial regulators to consider non-financial misconduct such as sexual harassment as grounds for regulatory action could pose difficult questions for firms, an expert has said.’

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OUT-LAW.com, 28th September 2023

Source: www.pinsentmasons.com

Sheffield council faces mass equal pay claim over ‘scandalous’ pay grades – The Guardian

‘Sheffield city council is to become the latest local authority to face a mass equal pay claim from women who have been underpaid by up to £11,000 a year, the GMB union has said.’

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The Guardian, 25th September 2023

Source: www.theguardian.com

New Acts – legisation.gov.uk

Posted September 22nd, 2023 in contract of employment, employment, legislation, Northern Ireland, terrorism by tracey

2023 c. 46 – Workers (Predictable Terms and Conditions) Act 2023

2023 c. 41 – Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Source: www.legislation.gov.uk

Speech by Judge Barry Clarke: Discrimination in Employment/Industrial Courts – Courts and Tribunals Judiciary

Posted September 22nd, 2023 in courts, employment, equality, judges, news, tribunals, unfair dismissal by tracey

‘Speech by Judge Barry Clarke: Discrimination in Employment/Industrial Courts.’

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Courts and Tribunals Judiciary, 18th September 2023

Source: www.judiciary.uk

MPs to investigate sexual harassment of female surgeons – BBC News

‘MPs will investigate the sexual harassment and sexual assault of female surgeons taking place within the NHS.’

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BBC News, 13th September 2023

Source: www.bbc.co.uk

Tribunal rejects MoJ’s ‘elaborate’ reason for refusing FOI request – Law Society’s Gazette

The first-tier tribunal has overturned a ruling that the Ministry of Justice was entitled to turn down freedom of information requests relating to cleaners’ pay.’

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Law Society's Gazette, 8th September 2023

Source: www.lawgazette.co.uk

TUC complains to UN watchdog over ‘undemocratic’ UK anti-strike law – The Guardian

‘The Trades Union Congress has lodged a complaint with the UN’s labour standards body claiming the UK government flouted the watchdog’s orders over its newly enforced “undemocratic” anti-strike law.’

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The Guardian, 10th September 2023

Source: www.theguardian.com

Strike action ‘minimum services’ code in Britain drafted – OUT-LAW.com

‘Businesses affected by strike action in Britain this year have an opportunity to help the government find a way to ensure services in six important areas impacting the economy continue to be delivered while such action is underway.’

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OUT-LAW.com, 5th September 2023

Source: www.pinsentmasons.com

Strengthened immunity protection proposed in Arbitration Act reform – Law Society’s Gazette

‘Arbitrators’ common law duty to disclose any reason for doubts as to their impartiality could be codified under proposals from the Law Commission of England and Wales today. The recommendation is among proposed updates to the Arbitration Act 1996 which the independent reform body has published along with draft legislation.’

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Law Society's Gazette, 6th September 2023

Source: www.lawgazette.co.uk

Council prosecution sees Pret a Manger hit with £800k fine after employee trapped in walk-in freezer – Local Government Lawyer

Posted September 1st, 2023 in employment, fines, health & safety, local government, news by sally

‘A Westminster City Council investigation has led to coffee and sandwich giant Pret a Manger being fined £800,000 after a member of staff was left trapped and fearing for her life in a walk-in freezer for 2.5 hours.’

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Local Government Lawyer, 31st August 2023

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Whistleblowing and gagging clauses – House of Commons Library

Posted September 1st, 2023 in disclosure, employment, news, parliament, professional conduct, whistleblowers by sally

‘This briefing covers legal protections for workers who whistleblow at work, as well as attempts to silence workers using settlement agreements.’

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House of Commons Library, 31st August 2023

Source: commonslibrary.parliament.uk

Case comment: Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 – Gatehouse Chambers

‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’

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Gatehouse Chambers, 17th July 2023

Source: gatehouselaw.co.uk

Employment status of Church of England curates: Green v Lichfield DBF – Law & Religion UK

‘In Reverend D Green v Lichfield Diocesan Board of Finance [2023] UKET 2409635/2022, the primary issue was the extent to which a stipendiary curate had standing to bring a claim before an Employment Tribunal.’

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Law & Religion UK, 25th August 2023

Source: lawandreligionuk.com

The Strikes (Minimum Service Levels) Act 2023: what does it mean for workers? – Cloisters

‘On 13 July 2023, the High Court quashed the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022, which attempted to render lawful the supply of agency workers to break a strike. In this judicial review brought by 11 trade unions, the High Court held that the government had acted unlawfully and irrationally by introducing the Regulations, by failing in its duty to consult on the Regulations, and instead relying on a 7-year old consultation (from 2015) where the majority of stakeholders had opposed earlier proposals of a similar set of legislations (§28). The Court found that the then business secretary Kwasi Kwarteng had proceeded ‘at exceptional speed’ in introducing the Regulations before the summer recess of 2022 (§175), an approach described by the Court as one which ‘frustrated the aim of informed decision-making’ (§180). Although this judgment has several interesting public law implications, specifically on the extent and nature of the government’s duty to consult, it is also significant for labour law, and was hailed by the unions as a significant victory in preserving the right to strike in the UK.’

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Cloisters, July 2023

Source: www.cloisters.com

Consultant paralegal was law firm ‘worker’, tribunal rules – Legal Futures

Posted August 18th, 2023 in contract of employment, employment, law firms, news, paralegals, remuneration by sally

‘A consultant paralegal was a “worker” at a law firm and could sue for unauthorised deductions from wages but was not an employee who could claim breach of contract, a tribunal has ruled.’

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Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

Research Briefing: Artificial intelligence and employment law – House of Commons Library

‘Employers are increasingly using AI in recruitment and management. This briefing explores the employment law implications and proposals for regulatory reform.’

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House of Commons Library , 11th August 2023

Source: commonslibrary.parliament.uk

Hybrid working is here to stay – but HR policies vary widely – Law Society’s Gazette

Posted August 9th, 2023 in employment, flexible working, law firms, news by tracey

‘Hybrid working is here to stay but HR policies still vary widely. Some law firms incentivise staff to “come in”, but does this risk alienating people by creating a “them and us” workplace?’

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Law Society's Gazette, 9th August 2023

Source: www.lawgazette.co.uk