Royal Mail postman caught urinating in public was unfairly dismissed, a tribunal has ruled – Daily Telegraph

Posted June 25th, 2020 in complaints, employment tribunals, news, postal service, unfair dismissal by sally

‘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.’

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Daily Telegraph, 23rd June 2020

Source: www.telegraph.co.uk

Chancery Lane demands action to clear employment tribunals backlog – Local Government Lawyer

‘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.’

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Local Government Lawyer, 23rd June 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor claimant backtracks on request for male judge – Legal Futures

‘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.’

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Legal Futures, 23rd June 2020

Source: www.legalfutures.co.uk

Tribunal strikes out “vexatious” claims against leading firm – Legal Futures

‘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.’

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Legal Futures, 18th June 2020

Source: www.legalfutures.co.uk

Vulnerable parties and witnesses in employment tribunal proceedings – 12 King’s Bench Walk

‘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.’

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12 King's Bench Walk, 9th June 2020

Source: www.12kbw.co.uk

Sweary senior partner wins damages reassessment – Legal Futures

Posted June 16th, 2020 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘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.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

‘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.’

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Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

‘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.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA – 3PB

‘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.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

‘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.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

High Court rules employer had to pay settlement even after ex-employee breached confidentiality clause – Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB) – 3PB

Posted June 4th, 2020 in confidentiality, dispute resolution, employment tribunals, news by sally

‘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.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Church minister who wrote Sinitta’s ‘So Macho’ wins claim over alleged homophobia – Daily Telegraph

‘Rev George Hargreaves was shunned at work by a colleague who ignored him after being outraged by a perceived homophobic remark he had made.’

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Daily Telegraph, 2nd June 2020

Source: www.telegraph.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘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?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

29,000 claims a year despite 50 years since Equal Pay Act – The Guardian

‘A consistently high number of workers are alleging that their employers are illegally paying them less than colleagues in similar roles, according to research released to mark the 50th anniversary of the Equal Pay Act.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

COVID-19: The ‘New Normal’ Experiences in the Employment Tribunal – Parklane Plowden

‘In 18th March 2020, the Presidents of the Employment Tribunal (Scotland) and (England and Wales) released Presidential Guidance.’

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Parklane Plowden, 11th May 2020

Source: www.parklaneplowden.co.uk

Shut-down firm ordered to pay former staff £375,000 – Legal Futures

‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’

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Legal Futures, 22nd May 2020

Source: www.legalfutures.co.uk

Reilly v Secretary of State for Education – Blackstone Chambers

‘This decision exemplifies the stricter approach the courts are now taking in disciplinary cases where the regulated person fails to attend a hearing.’

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Blackstone Chambers, 13th May 2020

Source: www.blackstonechambers.com

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Employment Tribunals in the pandemic: The Presidential Guidance, the reality, and the future – 3PB

Posted May 13th, 2020 in chambers articles, coronavirus, employment, employment tribunals, news by sally

‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk