Court interpreter supplier faces group action over employment rights – Law Society’s Gazette

‘The language services company contracted to provide courtroom services faces a fresh headache after it emerged that interpreters and translators are joining forces to potentially bring a group claim over employment rights.’

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Law Society's Gazette, 27th June 2024

Source: www.lawgazette.co.uk

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

Nurse struck off after claiming for shifts he did not work – BBC News

Posted June 24th, 2024 in disciplinary procedures, employment, fraud, hospitals, news, nurses by tracey

‘A senior nurse who fraudulently claimed for shifts that he did not work has been struck off.’

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BBC news, 23rd June 2024

Source: www.bbc.co.uk

Fee-earner found in contempt over documents taken from law firm – Legal Futures

‘A fee-earner who has not complied with a court order to return documents taken from his former law firm has been handed a four-month suspended jail sentence for contempt.’

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Legal Futures, 21st June 2024

Source: www.legalfutures.co.uk

Employment can offer barristers more ethical protection – Legal Futures

Posted June 19th, 2024 in barristers, employment, law firms, news by sally

‘Being employed by companies or law firms can give barristers more protection when faced with ethical challenges than those in private practice, it has been suggested.’

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Legal Futures, 19th June 2024

Source: www.legalfutures.co.uk

UK seaman visa guidance gives clarity to offshore employers – OUT-LAW.com

Posted June 18th, 2024 in employment, immigration, news, ships, visas by tracey

‘Recently published UK government guidance provides employers, particularly those operating in UK territorial waters, with important clarification on the issue of which seamen and offshore workers require a work visa and which do not, an expert has said.’

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OUT-LAW.com, 17th June 2024

Source: www.pinsentmasons.com

Sacked blind baker treated unfavourably – tribunal – BBC News

‘A man who is registered blind is seeking a £112,000 payout after being sacked during his probation period at a bakery.’

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BBC News, 15th June 2024

Source: www.bbc.co.uk

Investigation finds that Russell Brand allegations were not ‘adequately addressed’ – The Independent

‘The allegations into Russell Brand’s behaviour while working on programmes for Channel 4 were not “adequately addressed”, an investigation has found.’

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The Independent, 15th June 2024

Source: www.independent.co.uk

Revocation of sponsor licence without providing a meaningful opportunity to respond is unlawful – EIN Blog

‘R (New Hope Care Ltd) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin) (24 May 2024). In these judicial review proceedings, David Pievsky KC held that the SSHD’s decision to revoke New Hope Care Ltd’s sponsor licence without first providing it a meaningful opportunity to respond was unlawful. It was inconsistent with published policy, contrary to legitimate expectation, and procedurally unfair at common law. New Hope Care is a large business which provides care services to individuals in need.’

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EIN Blog, 10th June 2024

Source: www.ein.org.uk

Tribunal cases to rise as UK firms push back on remote working, experts say – The Guardian

Posted June 4th, 2024 in coronavirus, employment, employment tribunals, flexible working, news by tracey

‘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.’

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The Guardian, 4th June 2024

Source: www.theguardian.com

Hull hospital doctor struck off for ‘sexual harassment’ – BBC News

‘A doctor who inappropriately touched two junior female colleagues has been struck off the medical register.’

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BBC News, 28th May 2024

Source: www.bbc.co.uk

The new law on sexual harassment in the workplace – Local Government Lawyer

Posted May 29th, 2024 in employment, equality, harassment, local government, news, sex discrimination by tracey

‘The Government has recently passed new legislation to prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force on 26 October 2024. Nicole Natur takes a closer look at the Act and how it will impact employers, as well as the steps that should be taken in order to prepare for the change.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

“All cases are unique, and very similar to others” [1] – Local Government Lawyer

Posted May 29th, 2024 in appeals, employment, employment tribunals, local government, news by tracey

‘Nigel Pitchford looks at the lessons for workplace resolution from a timely review of local authority cases before the Employment Appeal Tribunal.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

Disavowing an Implied Term of Fairness – Industrial Law Journal

‘In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

ASA upbraids unregulated employment firm over marketing – Legal Futures

Posted May 22nd, 2024 in advertising, complaints, employment, news, ombudsmen by sally

‘The Advertising Standards Authority (ASA) has upheld a complaint about marketing material sent by an employment law business that looked like it was from a public body.’

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Legal Futures, 22nd May 2024

Source: www.legalfutures.co.uk

From Prevention to Empowerment: A New Model for UK Labour Law – Industrial Law Journal

Posted May 21st, 2024 in employment, human rights, news, trade unions by sally

‘For at least the last 40 years, law and policy in relation to work in the UK have been rooted in a paradigm of prevention: preventing employers from abusing the power they enjoy over workers in ways that are harmful to the latter’s interests. This article argues that this paradigm is rooted in a partial and structural, understanding of power, that is incapable of grappling with the true scope of the problems associated with power as it relates to work in the context of capitalism. Exposing the issues that exist with this understanding of power, and advancing an alternative structural conceptualisation, the article explores the implications that such an understanding might have for labour law and policy.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Employees and mental health – Local Government Lawyer

‘Do you have to excuse poor behaviour from an employee with a mental health problem? That was the issue the tribunal had to decide in a recent case, reports Jo Moseley.’

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Local Government Lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Supporting disability at the Bar is a work of A.R.T. – Counsel

‘The Bar is slowly addressing the barriers to attracting disabled talent, says Daniel Holt, but there are more ways chambers can authentically commit to disability inclusion.’

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Counsel, May 2024

Source: www.counselmagazine.co.uk

Inducements relating to collective bargaining – Smith & ors v London Ashford Airport Limited – Old Square Chambers

‘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.’

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Old Square Chambers, 24th April 2024

Source: oldsquare.co.uk

Restoring faith: Marina Wheeler KC – Counsel

‘The “non-party political” employment silk advising Labour talks to Stephanie Hayward about employer failure to tackle workplace sexual harassment and the urgent need to reinvent whistleblowing culture.’

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Counsel, May 2024

Source: www.counselmagazine.co.uk