Category: employment tribunals

Tribunals remain “open to the difficult” … but perhaps not the persistently uncooperative – 3PB

Posted April 12th, 2023 in appeals, chambers articles, disability discrimination, employment, employment tribunals, equality, news, race discrimination, unfair dismissal by sally

‘The claimant worked as a Customer Assistant for the respondent from 8 September 2008 until he was dismissed on 5 September 2018. The respondent asserted that the claimant was dismissed because, during a shopping trip in his own time, the claimant had an altercation with a store manager. He was also alleged to have been abusive to a shopper and refused to sign his training record.’

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3PB, March 2023

Source: www.3pb.co.uk

The Proposed Changes to Panel Composition in the ET and the EAT – A Valuable Cost Saving Exercise, or an Erosion of Justice? – Parklane Plowden Chambers

Posted April 5th, 2023 in consultations, employment tribunals, news by sally

‘Sir Keith Lindblom, Senior President of Tribunals has in recent weeks launched a consultation paper seeking views on the proposals to potentially change the composition of ETs and the EAT, with a view to removing, or further reducing the use of lay members in all but the most complex cases. But what effect, if any, would this change have on the administration of justice?’

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Parklane Plowden Chambers, 8th March 2023

Source: www.parklaneplowden.co.uk

Associative indirect discrimination: a new class of claimant in discrimination law – 12 King’s Bench Walk Employment and Discrimination Blog

Posted April 5th, 2023 in chambers articles, children, disability discrimination, disabled persons, EC law, employment, employment tribunals, equality, families, news by sally

‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’

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12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023

Source: 12kbwemploymentlaw.wordpress.com

Law firm unfairly dismissed “homophobic” secretary – Legal Futures

Posted March 23rd, 2023 in compensation, damages, disciplinary procedures, employment, employment tribunals, freedom of expression, homosexuality, law firms, news, sexual orientation discrimination, unfair dismissal by tracey

‘A law firm unfairly dismissed a legal secretary who made homophobic comments because of how it ran the disciplinary process, an employment tribunal has ruled.’

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Legal Futures, 23rd March 2023

Source: www.legalfutures.co.uk

CPS to pay £136,000 for failing to ease barrister’s workload – Law Society’s Gazette

Posted March 23rd, 2023 in barristers, compensation, Crown Prosecution Service, disability discrimination, disabled persons, employment, employment tribunals, equality, harassment, news by tracey

‘The Crown Prosecution Service has been ordered to pay a barrister almost £136,000 after failing to make adjustments to his working life following a heart attack.’

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Law Society's Gazette, 22nd March 2023

Source: www.lawgazette.co.uk

School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK

Posted March 10th, 2023 in appeals, Christianity, Church of England, disciplinary procedures, employment, employment tribunals, equality, freedom of expression, homosexuality, news, redundancy, religious discrimination, school children, sexual orientation discrimination, unfair dismissal by tracey

‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’

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Law & Religion UK, 7th March 2023

Source: lawandreligionuk.com

Paralegal awarded £30k over pregnancy discrimination and low pay – Legal Futures

Posted February 20th, 2023 in damages, employment, employment tribunals, equality, news, paralegals, pregnancy, solicitors by tracey

‘A solicitor has been ordered to pay a paralegal over £30,000 after an employment tribunal found he discriminated against her once she became pregnant.’

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Legal Futures, 17th February 2023

Source: www.legalfutures.co.uk

Self-employed consultant was employee of firm under Equality Act – Legal Futures

Posted February 13th, 2023 in age discrimination, employment, employment tribunals, equality, law firms, news, self-employment, sex discrimination, unfair dismissal by tracey

‘A self-employed consultant at a law firm fell within the definition of an employee for the purposes of claims under the Equality Act 2010, an employment tribunal has ruled.’

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Legal Futures, 13th February 2023

Source: www.legalfutures.co.uk

Is discernment for ordination training an offer of employment? McCalla – Law & Religion UK

Posted January 25th, 2023 in Church of England, employment, employment tribunals, equality, news by sally

‘In Professor Doreen McCalla v Lichfield Diocesan Board of Finance Inc & Anor [2022] UKET 1303655/2021, the claimant felt a call to ordination in the Church of England and went through its Discernment of Vocations Process between February 2016 and June 2021 but was rejected for training. She claimed discrimination in her treatment by the respondents and by others for whom she alleged the respondents were vicariously liable, both during the discernment process and in respect of its termination. She sued the Diocesan Board of Finance and the Bishop in his corporate capacity, initially claiming discrimination on grounds of sex, age and race [1-4], but by the time the claim came to trial it had been whittled down to a claim that either or both of the respondents had discriminated against her in the discernment process and its termination, in breach of s.55 (2) Equality Act 2010.’

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Law & Religion UK, 24th January 2023

Source: lawandreligionuk.com

Executive wins age discrimination case after being called ‘old fossil’ unable to manage millennials – Daily Telegraph

Posted January 24th, 2023 in age discrimination, compensation, employment tribunals, news by sally

‘A senior executive at a FTSE 250 company who was previously told by his younger boss he was an “old fossil” who “did not know how to manage millennials” has won an age discrimination case.’

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Daily Telegraph, 24th January 2023

Source: www.telegraph.co.uk

Sacked Twitter UK staff claim unlawful treatment in ‘sham’ redundancy – The Guardian

Posted January 12th, 2023 in dismissal, employment tribunals, news, redundancy by sally

‘A group of former workers at Twitter’s UK operation have accused the company of subjecting them to “unlawful, unfair and completely unacceptable” treatment during a “sham” redundancy process.’

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The Guardian, 11th January 2023

Source: www.theguardian.com

Amending Claims in the Employment Tribunal: Choudhury v Cerberus Security and Monitoring Services Limited [2022] EAT 172 – Farrar’s Buildings

Posted January 10th, 2023 in amendments, chambers articles, employment tribunals, news, unfair dismissal, victimisation by sally

‘The Claimant was employed by the respondent as a Security Officer from 24 March 2007. He was suspended on 12 April 2019. The Claimant was summarily dismissed on 24 September 2019 and he brought a claim in the Employment Tribunal for unfair dismissal and victimisation. The claim form hinted at some other claim of discrimination. The Claimant was at all times unrepresented.’

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Farrar's Buildings, 20th December 2022

Source: www.farrarsbuilding.co.uk

Law firm did not discriminate against disabled paralegal – Legal Futures

Posted January 10th, 2023 in disability discrimination, employment tribunals, law firms, news, paralegals, Wales by sally

‘An employment tribunal has rejected disability discrimination claims made against a Welsh law firm by a paralegal dismissed after just nine days for his poor timekeeping.’

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Legal Futures, 10th January 2023

Source: www.legalfutures.co.uk

What the latest employment tribunal statistics reveal – Mills & Reeve

Posted January 5th, 2023 in age discrimination, belief discrimination, compensation, disability discrimination, employment tribunals, news, race discrimination, religious discrimination, sex discrimination, sexual orientation discrimination by sally

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

No jab no job: 5 care home workers dismissed for not taking the vaccine – Lamb Chambers

Posted January 4th, 2023 in care homes, care workers, chambers articles, coronavirus, employment, employment tribunals, equality, harassment, news, religious discrimination, unfair dismissal, vaccination by sally

‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’

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Lamb Chambers, December 2022

Source: www.lambchambers.co.uk

Dyslexic M&S worker wins payout after being sacked over mistakes in emails – The Independent

Posted November 28th, 2022 in compensation, disability discrimination, disabled persons, employment, employment tribunals, equality, news, redundancy, unfair dismissal by tracey

‘A dyslexic Marks and Spencer worker has won more than £50,000 after losing her job following concerns about mistakes in her emails.’

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The Independent, 27th November 2022

Source: www.independent.co.uk

Footballer Quitongo loses race discrimination claim against former club – The Independent

Posted November 24th, 2022 in employment, employment tribunals, equality, Equality and Human Rights Commission, news, race discrimination, Scotland, sport by sally

Footballer Rico Quitongo has described losing his race discrimination claim against his former club as a “bitter blow”.

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The Independent, 24th November 2022

Source: www.independent.co.uk

Solicitor awarded £32,000 over anxiety during employment transfer – Law Society’s Gazette

Posted November 11th, 2022 in compensation, constructive dismissal, disciplinary procedures, employment, employment tribunals, law firms, mental health, news, solicitors by tracey

‘A solicitor whose employment was transferred to another firm without notice or consultation has succeeded in a claim for constructive dismissal.’

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Law Society’s Gazette, 10th November 2022

Source: www.lawgazette.co.uk

Personal injury solicitor awarded £32,000 for unfair dismissal – Legal Futures

Posted November 10th, 2022 in compensation, disciplinary procedures, employment tribunals, law firms, news, sick leave, solicitors, transfer of undertakings, unfair dismissal by sally

‘A personal injury solicitor who was transferred to a new law firm without notice or consultation has been awarded just under £32,000 in damages by an employment tribunal.’

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Legal Futures, 10th November 2022

Source: www.legalfutures.co.uk

New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com

Posted November 4th, 2022 in bills, employment, employment tribunals, equality, harassment, news, sex discrimination, sexual offences, statutory duty, third parties, women by tracey

‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com