How should schools and colleges investigate allegations of sexual assault against its staff? – Local Government Lawyer

‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

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Littleton Chambers, 24th October 2023

Source: littletonchambers.com

Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

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Exchange Chambers, 31st October 2023

Source: www.exchangechambers.co.uk

Lancashire teacher wins £800k over cancer discrimination – BBC News

‘An early years specialist who was told to reapply for her job while being treated for cancer before being sacked has been awarded an £800,000 pay-out.’

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BBC News, 7th November 2023

Source: www.bbc.co.uk

Rise in UK employment tribunal claims alleging neurodiversity discrimination – OUT-LAW.com

Posted November 8th, 2023 in disabled persons, employment, employment tribunals, equality, news by sally

‘Helen Corden tells HRNews about supporting neurodiverse staff in the workplace.’

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OUT-LAW.com, 7th November 2023

Source: www.pinsentmasons.com

Rebecca Kalam: Officer ‘vindicated’ after sex discrimination win – BBC News

‘A firearms officer awarded £30,000 after she was stripped down to her underwear during a training exercise said she felt “vindicated” by the decision.’

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BBC News, 8th November 2023

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted November 3rd, 2023 in employment, energy, equality, internet, legislation, public procurement, rates by tracey

2023 c. 54 – Procurement Act 2023

2023 c. 53 – Non-Domestic Rating Act 2023

2023 c. 51 – Worker Protection (Amendment of Equality Act 2010) Act 2023

2023 c. 50 – Online Safety Act 2023

2023 c. 52 – Energy Act 2023

Source: www.legislation.gov.uk

Barrier to employment lifted for thousands of ex-offenders – Ministry of Justice

‘Over 120,000 former offenders will find it easier to get work and turn their lives away from crime following a change in the law.’

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Ministry of Justice, 30th October 2023

Source: www.gov.uk

Overseas students and workers targeted in illicit UK visa trade – The Guardian

Posted October 30th, 2023 in education, employment, government departments, immigration, news, visas by tracey

‘UK visa appointments are being booked up by brokers and sold on for hundreds of pounds in an illicit trade targeting overseas workers and students.’

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The Guardian, 29th October 2023

Source: www.theguardian.com

UK’s data regulator issues new guidance on monitoring workers – OUT-LAW.com

Posted October 27th, 2023 in employment, news, privacy by sally

‘Harriet Dwyer tells HRNews about ICO’s latest monitoring guidance which emphasises that expectations of privacy are higher at home than in the workplace.’

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OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

Let’s talk menopause – what employers need to know – Mills & Reeve

Posted October 18th, 2023 in employment, equality, menopause, news, sex discrimination, women by sally

‘Because we should, in 2023, all be comfortable talking openly about the menopause. Often seen as a private matter, or “a women’s issue”, menopause is still widely ignored in too many workplaces. It matters.’

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Mills & Reeve, 18th October 2023

Source: www.mills-reeve.com

Solicitor dismissed over health problems awarded £1.1m damages – Legal Futures

Posted October 13th, 2023 in damages, employment, employment tribunals, health, news, solicitors, unfair dismissal by tracey

‘A solicitor whose career in company secretarial work was “thrown severely off course” after being sacked due to having asthma has been awarded damages of £1.1m.’

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Legal Futures, 13th October 2023

Source: www.legalfutures.co.uk

ESG for Employers – Kingsley Napley

“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”

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Kingsley Napley, 5th October 2023

Source: www.kingsleynapley.co.uk

Worker sent home for wearing ‘short dress’ wins sex harassment case – Daily Telegraph

Posted October 6th, 2023 in employment, employment tribunals, equality, harassment, news, sex discrimination, women by michael

‘Levinna Ola said she felt “traumatised, embarrassed and degraded” by comments made by her bosses at NHS pharmacy about her outfits.’

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Daily Telegraph, 5th October 2023

Source: www.telegraph.co.uk

Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB) – Asbestos Law

‘In this article Cressida Mawdesley-Thomas considers the judgment of HHJ Lickley KC in Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB). Ness was a successful fatal mesothelioma claim.’

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Asbestos Law, 5th September 2023

Source: asbestoslawblog.uk

Dyslexia and the importance of assessing the effect of disability on giving evidence – 3PB

‘The Appellant was Ms Habib. She brought a discrimination case against the Respondent, the nature of which was not really relevant to the decision of the EAT. Credibility was a key issue however. The Tribunal found that the way the Appellant gave evidence led them to believe that she was not always being truthful and that her recollection was sometimes unreliable. Her claims were dismissed.’

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3PB, 4th September 2023

Source: www.3pb.co.uk

Take care of privacy rules when monitoring staff, watchdog warns employers – The Independent

Posted October 3rd, 2023 in data protection, employment, news, privacy by sally

‘The information watchdog has warned employers that it will take action if their monitoring of employees oversteps the line.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

The new right to request a predictable work pattern – Mills & Reeve

Posted October 2nd, 2023 in chambers articles, employment, flexible working, news by sally

‘Legislation due to come into force next year establishes a new legal framework for discussions about unpredictable working patterns.’

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Mills & Reeve, 28th September 2023

Source: www.mills-reeve.com

Woman alleging menopause discrimination to be heard by employment tribunal in legal first – The Independent

‘The case of a woman who was allegedly discriminated against due to suffering menopause symptoms will be heard by an employment tribunal this week in a legal first.’

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The Independent, 2nd October 2023

Source: www.independent.co.uk

UK regulators’ diversity plans for finance industry – OUT-LAW.com

‘Plans by the UK’s two financial regulators to consider non-financial misconduct such as sexual harassment as grounds for regulatory action could pose difficult questions for firms, an expert has said.’

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OUT-LAW.com, 28th September 2023

Source: www.pinsentmasons.com