47 results
31 Jul 2019 10:00
Employment Law: five government consultations launched this month - Joseph England explainsThe start of the summer break and the end of Theresa May’s tenure has marked a bumper launch of consultations by the government. Such consultations can be very insightful as to future developments and trends that will subsequently appear in legislation. Joseph England explains about five more...
17 Jul 2019 09:54
Full force of the law used against employer in a discrimination claim – Otshudi v Base Childrenswear LtdThis appeal decision in Otshudi v Base Childrenswear Ltd (UKEAT/0267/19), shows just how sharp the teeth of the law can be in cases of discrimination especially where the employer has shown a disregard for process. A worthwhile read for all employers and a cautionary tale on how not to do things. In more...
16 Jul 2019 09:33
3PB employment barrister Simon Tibbitts appears for MOD in race discrimination claimSimon Tibbitts has just finished a 10 day hearing in London Central Employment Tribunal that has received widespread media attention. The trial has been reported in the Telegraph, Guardian, BBC News and the Independent amongst others. Simon appeared on behalf of the Ministry of Defence defending more...
4 Jul 2019 11:30
Court dismisses appeal concerning whether women were disproportionately clustered at the lower end of pay bandsMcNeil & Ors v Commissioners for HMRC [2019] EWCA Civ 1112 This appeal concerned a claim for equal pay by the claimants who are a group of women who work for the respondent. They argued that, within their pay bands, they were disproportionately represented at the lower end of the pay band, whilst more...
2 Jul 2019 09:26
Campaign group, This is Not Working, launch a petition to give further protection from harassment at work – by Karen MossAn influential alliance of unions, charities and women’s rights group have campaigned this week to impose on employers a duty to prevent harassment in the workplace. On 26th June 2019 the petition was launched by the group called, This Is Not Working, including the Fawcett Society, Action Aid, more...
30 May 2019 10:32
Not discrimination to pay male officers less for shared parental leave than female officers on maternity leaveThe Court of Appeal in (1) Capita Customer Management Ltd v Ali & (2) Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900, has overturned the Employment Appeal Tribunal and held that employees do not unlawfully discriminate against men when paying them less for shared parental leave more...
23 May 2019 09:51
Employment law update: Robert Owen v (1)Amec Foster Wheeler Energy Limited and (2) James Shaughnessy [2019] EWCA Civ 822Last week the Court of Appeal handed down this important judgment clarifying the legal position in respect of overseas assignments for disabled workers and holding that it was not discriminatory to refuse to allow a disabled worker to go on assignment due to concerns over risks to his health. Gemma more...
23 May 2019 09:20
Equality deferred: the equality clause fails to correct unequal payThere has been a lot of discussion recently about the inequality of pay between men and women. After discussing the various controversies, this blog focuses on whether the statutory equality clause mechanism is fit for purpose in addressing the issue of unequal pay. Recognising there is no simple more...
24 Apr 2019 08:51
New IBA GEI report highlights human resources issues across countries, and laws used to ameliorateIn its seventh Annual Global Report, published today, the International Bar Association Global Employment Institute (IBA GEI) highlights general international trends in human resources (HR) law. The information is compiled from the surveyed responses of lawyers in 46 countries, who were asked to more...
14 Mar 2019 15:49
3PB employment barrister Karen Moss persuades EAT the ET applied wrong thresholds for liability in relation to discrimination arising from disabilityKaren Moss succeeded yesterday in the EAT in Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ, persuading HHJ Shanks that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding more...
11 Mar 2019 09:41
3PB Employment barrister Andrew MacPhail acts in BMC Software Limited v Ms A Shaikh [2019] EWCA Civ 267 in the Court of Appeal3PB employment barrister Andrew MacPhail appeared in the Court of Appeal recently, representing Ms Shaikh at all stages including at the Court of Appeal, instructed by LB Law. The Court of Appeal, as confirmed in its reserved judgment of today’s date, concluded in Ms Shaikh’s favour ([2019] EWCA more...
28 Feb 2019 09:15
Mark Green appears on This Morning to talk about landmark discrimination case3 Paper Buildings (3PB) Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, successfully represented 88-year-old secretary Eileen Jolly in suing the NHS for age and disability discrimination after she was dismissed, despite the surgeon more...
22 Feb 2019 09:23
Who's telling? Do Non-Disclosure Agreements have a proper place in settlements?Who’s telling? Do Non-Disclosure Agreements have a proper place in settlements? 21 FEB, 2019 - GENERAL | BY GROSVENOR LAW NDAs in the firing line The news of Sir Philip Green’s use of Non-Disclosure Agreements (NDAs) and the resultant parliamentary discussion has been the subject of considerable more...
19 Feb 2019 08:58
3PB Barrister Mark Green successful in landmark age discrimination case against the NHS3 Paper Buildings (3PB) Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, successfully represented 88-year-old secretary Eileen Jolly in suing the NHS for age and disability discrimination after she was dismissed, despite the surgeon more...
13 Feb 2019 14:03
Ashley Serr acts for appellant nursery in religious discrimination caseAshley Serr from Exchange Chambers, led by John Bowers QC, has successfully acted for the appellant nursery in the case of Gan Menachem v De Groen. Ms de Groen was a teacher at the Gan Menachem nursery in Hendon. In an important decision by the Employment Appeal Tribunal, Swift J confirmed that in a more...
15 Jan 2019 14:27
Ceri Widdett appears in new BBC TV programme, ‘Is This Sexual Harassment?’Employment specialist Ceri Widdett from Exchange Chambers has appeared in a new social experiment on BBC Three, Is This Sexual Harassment? Presenter, Ben Zand, leads an on-screen discussion with a group of around 20 young people about where the line is when it comes to sexual harassment, based on more...
14 Jan 2019 09:29
Direct age discrimination and the provision of permanent health insurance (PHI) following Smith v Gartner and Whitham v Capita: a call for clarificationDoes an employer directly discriminate against its employee because of his or her age by ceasing PHI payments prior to the employee reaching the greater of age 65 or their state pension age? The employment tribunal (ET) in Whitham v Capita Insurance Services Ltd ET/2505448/12 answered this question more...
10 Dec 2018 15:36
Office banter: a dangerous path to tread?There are some phrases which make an employment lawyer's heart sink, and pride of place amongst them undoubtedly goes to "but it was just office banter". Usually a signal that something offensive has indeed gone on within the workplace, it might be thought that short shrift is likely to be given to more...
29 Nov 2018 15:14
Unfair Dismissals — act fairly now, or you risk paying the price laterTwo recent Employment Tribunal judgments serve as a reminder of the importance of conducting fair and thorough HR processes. In the first case, an NHS Trust employee was fired for gross misconduct after a physical confrontation with a van driver in the hospital carpark. Even though the Trust carried more...
28 Nov 2018 14:00
3PB Barrister Mark Green represents medical secretary in landmark age discrimination case against the NHSEmployment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, represented 88-year-old secretary Eileen Jolly in suing the NHS for age discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating more...
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