Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette

‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’

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Law Society's Gazette, 6th February 2020

Source: www.lawgazette.co.uk

Senior doctor struck off after spying on 15-year-old girl in shower – The Independent

‘One of the NHS’ most senior doctors has been struck off after spying on a 15-year-old girl as she showered.’

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The Independent, 6th February 2020

Source: www.independent.co.uk

Basfar v Wong – Diplomatic Immunity, Human Trafficking and “Commercial Activities” Revisited – Littleton Chambers

‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’

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Littleton Chambers, 4th February 2020

Source: www.littletonchambers.com

EP 102: BBC Pay Discrimination – Shaheen Rahman QC – Law Pod UK

Posted February 4th, 2020 in BBC, employment tribunals, equal pay, news, women by sally

‘In Episode 102 Emma-Louise Fenelon talks to Shaheen Rahman QC about Samira Ahmed’s decisive Employment Tribunal victory against the BBC.’

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Law Pod UK, 3rd February 2020

Source: audioboom.com

Employment Tribunal provides reasoning in ethical veganism case – UK Human Rights Blog

Posted January 31st, 2020 in employment, employment tribunals, equality, harassment, human rights, news, veganism by sally

‘Following his headline-grabbing finding on 3rd January 2020 that “ethical veganism is a philosophical belief which qualifies as a protected belief within the meaning of section 10 of The Equality Act 2010”, Norwich Employment Tribunal Judge Postle has now provided his full determination.’

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UK Human Rights Blog, 29th January 2020

Source: ukhumanrightsblog.com

Court rejects LiP’s “indiscriminate attack” on legal expenses insurers – Litigation Futures

‘The High Court has struck out a claim by a litigant-in-person (LiP) who responded to the failure of her employment tribunal case by launching an “indiscriminate attack” against legal expenses insurers and regulators.’

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Litigation Futures, 30th January 2020

Source: www.litigationfutures.com

Solicitor rejected for job was victim of age discrimination – Legal Futures

‘An experienced property solicitor was rejected for a job at a law firm despite being the only person interviewed because of age discrimination, an employment tribunal has ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

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UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

Labour MP accused of sexual assault fails in anonymity bid – The Guardian

‘A Labour MP has failed in his bid to stop his name from being revealed in reporting of an upcoming employment tribunal case taken by a woman who has accused him of sexual assault and harassment.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

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Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette

‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’

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Law Society's Gazette, 17th January 2020

Source: www.lawgazette.co.uk

Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette

Posted January 16th, 2020 in employment tribunals, news, reasons, striking out by sally

‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’

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Law Society's Gazette, 15th January 2020

Source: www.lawgazette.co.uk

Case Law Update – ethical veganism protected as a philosophical belief under the Equality Act 2010 – Parklane Plowden

‘Last week the long-awaited decision in the case of Casamitjana v League Against Cruel Sports was finally handed down by Employment Judge Postle in Norwich Employment Tribunal. The case had been listed for a Preliminary Hearing to determine whether ethical veganism constitutes a protected belief under the Equality Act 2010. The Equality Act 2010 does not provide express protection for ethical vegans, albeit that veganism is a philosophy which falls within the ambit of Article 9 of the European Convention on Human Rights.’

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Parklane Plowden, 10th January 2020

Source: www.parklaneplowden.co.uk

Protection for a philosophical belief: why some beliefs but not others? – The 36 Group

‘Fergus McCombie employment law expert at 36 Commercial comments on recent tribunal decision.’

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The 36 Group, 9th January 2020

Source: 36group.co.uk

Sikhs, beards and “hygiene”: Sethi – Law & Religion UK

‘In Mr R Sethi v Elements Personnel Services Ltd [2019] ET 2300234/2018, the Claimant, a practising but unbaptised Sikh, applied for a job with the Respondent: a specialist agency providing temporary staff for the hospitality industry, mainly at five-star hotels. He attended an induction course at which he was asked to sign various documents including the Respondent’s standard Contract for Agency Workers, which included the Respondent’s Code of Conduct. The Code provided, înter alia, that “No beards or goatees are allowed”. He explained that he would not be able to shave off his beard for religious reasons.’

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Law & Religion UK, 15th January 2020

Source: www.lawandreligionuk.com

Liz Earle beauty firm ordered to pay £17k to sacked pregnant worker – BBC News

‘A woman who was sacked by a beauty company when she was eight months pregnant has been awarded more than £17,000 by an employment tribunal.’

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BBC News, 10th January 2020

Source: www.bbc.co.uk

Is the prejudice of an investigating manager relevant to determining the propriety of a dismissal, even if the decision makers are not aware of and do not share that prejudice? – 12 King’s

‘In Cadent Gas Ltd v Singh [2019] UKEAT 0024/19/0810, the Employment Appeal Tribunal has considered whether the personal animus of a manager who had been heavily involved in a disciplinary investigation had tainted the dismissal process as a whole, even though the dismissing managers had not shared that animus. Furthermore, the EAT considered whether that manager’s prejudice towards the Claimant, informed by his trade union activities, could be attributed to the employer.’

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12 King's Bench Walk, 3rd January 2020

Source: www.12kbw.co.uk

Tribunal overturns unfair dismissal ruling against partner – Legal Futures

‘An employment tribunal has ruled that it was wrong to uphold an unfair dismissal claim against a partner in a law firm closed down by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 8th January 2020

Source: www.legalfutures.co.uk