Third party harassment – 3PB
‘The Respondent (“R”) provides mental health services including a secure, residential unit for men who are the subject of a treatment order under s3 Mental Health Act 1987.’
3PB, 4th November 2019
Source: www.3pb.co.uk
Category: employment tribunals
Judicial Mediation in the Employment Tribunal: How to Make the Most of it – Littleton Chambers
‘Judicial mediation seems to be something of a Marmite topic among employment practitioners. Some see it as a cost-effective option for settling what might otherwise prove to be long-running and costly litigation. Others see it as a time-consuming and often unsuccessful exercise, conducted by individuals who are employed as judges (not mediators) for a reason.’
Littleton Chambers, 25th November 2019
Source: www.littletonchambers.com
Employers are Liable for the Actions of Manipulators in Automatically Unfair Dismissals – Old Square Chambers
‘The EAT, presided over by the President, has in its judgment in Cadent Gas v Singh, set out four important matters in relation to dismissals for impermissible reasons including whistleblowing.’
Old Square Chambers, 14th November 2019
Source: www.oldsquare.co.uk
Teacher sacked over gay dating app activity wins £700,000 payout – The Guardian
‘A primary school headteacher who was sacked after having sex with two 17-year-old boys he met through a gay dating app has been awarded nearly £700,000 compensation by a tribunal.’
The Guardian, 15th November 2019
Source: www.theguardian.com
£500 “not enough” to pay for LiP’s legal advice on settlement – Litigation Futures
‘Employers paying for an employee to speak to a lawyer about settling a dismissal dispute need to stump up significantly more than £500 for proper legal advice, the Employment Appeal Tribunal (EAT) has ruled.’
Litigation Futures, 12th November 2019
Source: www.litigationfutures.com
Secretary “humiliated” by comments on 50th birthday loses claim against law firm – Legal Futures
‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’
Legal Futures, 8th November 2019
Source: www.legalfutures.co.uk
John Bowers QC’s Employment Law Blog: November – Littleton Chambers
‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’
Littleton Chambers, 4th November 2019
Source: www.littletonchambers.com
Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers
‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’
Old Square Chambers, 17th October 2019
Source: www.oldsquare.co.uk
New law “to put more pressure” on solicitors’ NDA advice – Legal Futures
‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
In-house lawyer cannot rely on leaked email for discrimination claim – Legal Futures
‘A former senior in-house lawyer at Shell cannot rely on a leaked internal email or an overheard pub conversation in his discrimination claim against the company, the Court of Appeal has ruled.’
Legal Futures, 23rd October 2019
Source: www.legalfutures.co.uk
Whistleblowing judges: protected by human rights? – UK Human Rights Blog
‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’
UK Human Rights Blog, 18th October 2019
Source: ukhumanrightsblog.com
Redacting solicitor’s comments to client was “cherry picking” – Litigation Futures
‘Redacting comments made by a company’s lawyer on a draft dismissal letter while disclosing other privileged documents was “impermissible cherry picking”, the Employment Appeal Tribunal (EAT) has ruled.’
Litigation Futures, 15th October 2019
Source: www.litigationfutures.com
Sexual discrimination ‘still a real issue’ in City financial firms – The Guardian
‘The recent tribunal case brought by banker Stacey Macken shows that sexual discrimination remains a problem in London’s financial district, despite the shockwaves from the #MeToo movement.’
The Guardian, 14th October 2019
Source: www.theguardian.com
Tribunal rejects claims from ‘partner’ who sued as employee – Legal Futures
‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’
Legal Futures, 9th October 2019
Source: www.legalfutures.co.uk
Christian doctor who refused to call transgender woman ‘she’ loses employment tribunal – The Independent
‘A doctor who refused to call a transgender woman “she” because of his Christian faith has lost his employment tribunal.’
The Independent, 3rd October 2019
Source: www.independent.co.uk
