‘Lawyers acting for whistleblowers have told MPs and peers that they can feel intimidated to raise concerns over non-disclosure agreements (NDAs) because of the threat of retaliation.’
Legal Futures, 23rd July 2020
Source: www.legalfutures.co.uk
‘A young solicitor at the Criminal Injuries Compensation Authority (CICA), who left only six months after completing her traineeship because her fixed-term contract (FTC) had expired, was not unfairly dismissed, an employment tribunal has ruled.’
Legal Futures, 20th July 2020
Source: www.legalfutures.co.uk
‘Fewer than half of employment tribunal claimants use a lawyer, with most of those unrepresented at hearings saying it was because they could not afford one, according to government research.’
Legal Futures, 13th July 2020
Source: www.legalfutures.co.uk
‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’
Old Square Chambers, 7th July 2020
Source: www.oldsquare.co.uk
‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’
3PB, 1st July 2020
Source: www.3pb.co.uk
‘For sums to be included in the calculation of a week’s pay by reference to S.221(2) Employment Rights Act (ERA) 1996, completion of normal working hours must be both a necessary and a sufficient condition for the entitlement to the relevant payment.’
Parklane Plowden Chambers, 6th July 2020
Source: www.parklaneplowden.co.uk
‘Royal Mail postmen should not be sacked if they are caught urinating during rounds, a tribunal has suggested, after one worker was dismissed for relieving himself in a lay-by.’
Daily Telegraph, 23rd June 2020
Source: www.telegraph.co.uk
‘The Law Society has called for action to be taken to clear a backlog of cases in employment tribunals ahead of an anticipated “avalanche” of post-COVID claims.’
Local Government Lawyer, 23rd June 2020
Source: www.localgovernmentlawyer.co.uk
‘An employment tribunal has rejected claims of bias by a solicitor claimant who asked and then retracted a request to replace a female judge with a male one.’
Legal Futures, 23rd June 2020
Source: www.legalfutures.co.uk
‘A former employee of national law firm Shoosmiths – who was awarded £1,000 in damages for harassment back in 2017 – has had a string of further claims thrown out, with an employment tribunal branding them vexatious.’
Legal Futures, 18th June 2020
Source: www.legalfutures.co.uk
‘The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.’
12 King's Bench Walk, 9th June 2020
Source: www.12kbw.co.uk
‘An employment tribunal has been ordered to reconsider the £47,000 in damages that it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm.’
Legal Futures, 12th June 2020
Source: www.legalfutures.co.uk
‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’
Six Pump Court, 9th June 2020
Source: www.6pumpcourt.co.uk
‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘In Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB), the High Court addressed the consequences of a party breaching the confidentiality clause in a COT3 settlement, noting that the issue of law arising regarding the status of the clause had not been the subject of a previous appellate ruling.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘Rev George Hargreaves was shunned at work by a colleague who ignored him after being outraged by a perceived homophobic remark he had made.’
Daily Telegraph, 2nd June 2020
Source: www.telegraph.co.uk
‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’
Parklane Plowden Chambers, 12th May 2020
Source: www.parklaneplowden.co.uk
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