‘Lawyers and HR experts expect an increase in employment tribunal cases as companies increasingly clamp down on working from home and staff become resentful that the flexibility they have enjoyed since the pandemic is being slowly rolled back.’
The Guardian, 4th June 2024
Source: www.theguardian.com
‘A doctor who inappropriately touched two junior female colleagues has been struck off the medical register.’
BBC News, 28th May 2024
Source: www.bbc.co.uk
‘Nigel Pitchford looks at the lessons for workplace resolution from a timely review of local authority cases before the Employment Appeal Tribunal.’
Local Government Lawyer, 28th May 2024
Source: www.localgovernmentlawyer.co.uk
‘A profoundly deaf man has been awarded £50,000 damages after a judge ruled he was subjected to a “character assassination” by hostile jobcentre officials, who refused to provide him with specialist help to find work.’
The Guardian, 28th May 2024
Source: www.theguardian.com
‘This study examines five years of Employment Tribunal judgments on flexible working requests and uses a thematic analysis to identify the issues that have been litigated and to assess how employment tribunals, employees and employers have navigated the Act’s provisions. Whilst the right to request flexible working has been much critiqued because of its limited nature, there is little evidence and discussion of whether it provides a useable and effective process for employees and employers on its own terms. This article identifies three problems with the current legislation: employees can find it difficult to comply with the requirements for a valid statutory request, the difficulty of establishing and complying with the time limits in the legislation and finally the difficulty for tribunals in defining and applying core concepts relating to its power of review over employers’ decisions. These issues will not be resolved through the new Employment Relations (Flexible Working) Act 2023 and in some ways will be made more difficult.’
Industrial Law Journal, 13th May 2024
Source: academic.oup.com
‘EJ Richard Wood held that the Airport had breached s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 by offering pay increases directly to 9 members of Prospect, the trade union recognised by the Airport for collective bargaining purposes. The Tribunal’s judgment provides a helpful application of the interpretation of s. 145B in the Supreme Court’s decision in Kostal UK Ltd v Dunkley and ors [2021] UKSC 47 and the EAT’s decision in Ineos Infrastructure Grangemouth Ltd v Jones & ors and Ineos Chemicals Grangemouth Ltd v Arnott & ors [2022] EAT 82. Under s. 145B employers are prohibited from making offers to employees who are members of a recognised trade union which, if accepted, would have the result that one or more terms of their employment will not, or will no longer, be determined by collective bargaining (the “prohibited result”), if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the ET must make a prescribed award (£4,554 at the time the claim was presented) to each member to whom the offer is made.’
Old Square Chambers, 24th April 2024
Source: oldsquare.co.uk
‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’
Henderson Chambers, 25th March 2024
Source: www.hendersonchambers.co.uk
‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’
3PB, 26th March 2024
Source: www.3pb.co.uk
‘An email sent by Wiltshire Council’s chief executive to union members ahead of a vote on industrial action was unlawful as it sought to deter members from voting in favour of a strike, an Employment Tribunal has found.’
Local Government Lawyer, 10th April 2024
Source: www.localgovernmentlawyer.co.uk
‘Describing a pregnant woman as “very emotional and tearful” in the workplace amounted to discrimination, a tribunal has ruled.’
The Guardian, 3rd April 2024
Source: www.theguardian.com
‘An employment tribunal has struck out a solicitor’s breach of contract claim based on a business agreement to transfer his practice to another firm, which was then to employ him.’
Legal Futures, 2nd April 2024
Source: www.legalfutures.co.uk
‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’
UK Labour Law, 26th March 2024
Source: uklabourlawblog.com
‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’
Cloisters, 9th February 2024
Source: www.cloisters.com
‘An experienced primary school head teacher sacked for assault after tapping her own son’s hand to stop him playing with a bottle of hand sanitiser was unfairly dismissed, an employment tribunal has ruled.’
The Independent, 9th March 2024
Source: www.independent.co.uk
‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’
Parklane Plowden Chambers, 27th February 2024
Source: www.parklaneplowden.co.uk
‘In Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor [2024] EAT 30, Ms Seyi Omooba, an actor, was cast as Celie in a stage production of The Color Purple. Celie is regarded as an iconic lesbian role and the announcement that Ms Omooba was to play it led to a social media storm about an earlier Facebook post in which she had expressed her belief that homosexuality was a sin. As a result, her contracts with the theatre (the second respondent) and her agency (the first respondent) were terminated.’
Law & Religion UK, 7th March 2024
Source: lawandreligionuk.com
‘Unions and workers’ rights groups are urging the government to reconsider plans to reintroduce fees for employment tribunals amid fears it will encourage exploitation.’
The Guardian, 26th February 2024
Source: www.theguardian.com
‘The ruling highlights the power imbalance between precarious tutors and the prestigious institution, prompting calls for a re-evaluation of employment practices in higher education.’
Solicitors Journal, 22nd February 2024
Source: www.solicitorsjournal.com
‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’
UK Human Rights Blog, 12th February 2024
Source: ukhumanrightsblog.com
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