‘Speech by Judge Barry Clarke: Discrimination in Employment/Industrial Courts.’
Courts and Tribunals Judiciary, 18th September 2023
Source: www.judiciary.uk
‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’
3PB, 7th June 2023
Source: www.3pb.co.uk
‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’
3PB, 5th June 2023
Source: www.3pb.co.uk
‘A wheelchair tennis executive was sacked after she refused to get a Covid vaccine despite the Government ending nearly all restrictions at the time, a tribunal heard.’
Daily Telegraph, 4th July 2023
Source: www.telegraph.co.uk
‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has been awarded more than £100,000 in compensation by an employment tribunal.’
The Guardian, 1st July 2023
Source: www.theguardian.com
‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’
Law & Religion UK, 20th June 2023
Source: lawandreligionuk.com
‘A groom at a racehorse stables has won a pregnancy discrimination case after one of her bosses refused to get off her horse during a meeting to discuss her childcare.’
Daily Telegraph, 5th June 2023
Source: www.telegraph.co.uk
‘In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6].’
Law & Religion UK, 22nd May 2023
Source: lawandreligionuk.com
‘A paralegal at a London law firm was unfairly dismissed over unpaid wages, subjected to disability discrimination and harassed on the basis of her sex, an employment tribunal has ruled.’
Legal Futures, 26th April 2023
Source: www.legalfutures.co.uk
‘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.’
3PB, March 2023
Source: www.3pb.co.uk
‘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.’
Legal Futures, 23rd March 2023
Source: www.legalfutures.co.uk
‘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.’
Law & Religion UK, 7th March 2023
Source: lawandreligionuk.com
‘It will come as a surprise to most lawyers to learn that a term may be implied into a contract that is inconsistent with an express term of that contract. Frankly, this proposition would probably surprise even the justices of the Supreme Court, who recently reaffirmed in Barton v Morris [2023] UKSC 3 (at [24], [25], [107], [165]-[167], and [221]) that the implication of such a term is prohibited.’
UK Labour Law, 22nd February 2023
Source: uklabourlawblog.com
‘In Ms F Grabe v The United Reformed Church [2022] UKET 2204367/2012, Ms Grabe had been a candidate for the Ministry of Word and Sacrament in the URC between November 2008 and June 2012. The URC’s practice is that If a member of a local church wishes to discern a potential call to ministry, the local church refers the applicant to the regional Synod. If the Synod agrees, the candidate then attends an Assessment Conference made up of an Assessment Board and an interview with representatives of the Church’s Educational and Learning Committee, during which the candidate’s qualifications and general knowledge about the URC are ascertained and discussed. If the Assessment Board approves the candidate for ordination training the candidate and the Education and Learning Committee are so informed.’
Law & Religion UK, 13th February 2023
Source: lawandreligionuk.com
‘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.’
Legal Futures, 13th February 2023
Source: www.legalfutures.co.uk
‘A High Court master has rejected what he described as a law firm owner’s attempt to “stifle” a misuse of private information (MPI) claim by a junior solicitor he dismissed by applying to have her case struck out.’
Legal Futures, 11th January 2023
Source: www.legalfutures.co.uk
‘At the start of the Coronavirus pandemic in March 2020, the employer (via an external professional) carried out a Coronavirus risk assessment to identify areas of risk and put in place measures to protect its staff who worked in a large, ventilated factory space (about five employees in a space the size of half a football pitch). Despite this, on 27 March 2020 Mr Rodgers left the premises and subsequently made it clear to his employer he would not be returning until lockdown eased. A month later, having had no contact from Mr Rodgers, his employer terminated his employment.’
St Philips Barristers, 20th December 2022
Source: st-philips.com
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