171 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...
31 Jul 2019 09:57
Cost awards in Tribunals: Karen Moss successful in the EATDr Gosalakkal v University Hospitals of Leicester NHS Trust UKEAT/0114/18/DA In a judgment handed down on 4 July, Karen Moss represented the successful appellant who challenged a detailed assessment of costs of over £80k in the employment tribunal. HHJ Richardson gave the judgment of the EAT which more...
29 Jul 2019 10:53
Employment Tribunal system is on the road to recovery says Alfred WeissThe Employment Tribunal system is on the road to recovery with access to justice slowly being restored – despite the immediate pressures the courts face, says Alfred Weiss, barrister at Exchange Chambers in Leeds. Figures released this week by the Advisory, Conciliation and Arbitration Service (Acas more...
24 Jul 2019 11:55
Developments in parent company liability: Vedanta Resources Plc v Lungowe [2019] UKSC 20On 10 April 2019 the Supreme Court handed down its decision in Vedanta Resources plc v Lungowe. This decision marks the latest development in the area of parent company liability and the culmination of a line of complex international cases. This article will address the state of the law of parent 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...
28 May 2019 09:40
Pensions: Ministry of Justice and another v MerryIn Ministry of Justice and another v Merry [2018] EWCA Civ 2461, the court had to consider what pay is included in the concept of ‘basic pay’ for the purposes of the Principal Civil Service Pension Scheme (PCSPS), so as to qualify as ‘pensionable earnings’ under the scheme rules. The judgment is 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...
22 May 2019 09:11
TUPE: Automatic unfair dismissalEmployment barrister Tom Wood has written about TUPE, after a recent case in the Court of Appeal. He looks at Hare Wines Ltd. v. Kaur [2019] EWCA Civ 216. Follow the link to read the article. If you require any further information, please contact our employment team clerks Chris Shaw and Rob Lang. more...
20 May 2019 09:20
3PB barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases3PB barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases, covering March, April and May 2019. Click here to read their analysis. Time limits and the correct approach to the reasonable practicability of lodging ET claims when the previous fees regime was in place - Mr G 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...
23 Apr 2019 11:07
R V Tanya Drinkwater and Natalie JohnstonNigel Booth has prosecuted a woman who defrauded her employer of almost £50,000, after she had stolen over £100,000 from her previous job. Accounts assistant Natalie Johnston faced a police investigation after she transferred £122,265.35 from the lettings and management firm Fortis into her own more...
23 Apr 2019 10:14
Senior judges raise alarm bells over bullyingIn early April, the Lord Chief Justice of England and Wales, told the House of Lords Constitution Committee that judges should ‘not display behaviour which is unreasonably putting pressure on people.’ This followed earlier warnings he gave in February that ‘little tolerance’ would be shown towards more...
16 Apr 2019 14:48
How to win at recruitment!Debunking employee background checks So you’ve carried out a recruitment exercise and you’ve finally decided who you want to hire, but what next? Before you rush to make an offer of employment, you should consider what background checks you’ll need to run on your prospective employee. You should more...
10 Apr 2019 10:46
We are Recruiting!With our recent celebrations of Part-Time Judicial appointments we are recruiting!! We offer a progressive attitude, friendly and efficient clerking team. We promote a positive work life balance in the beautiful South West and promote wellbeing which is recognised by being awarded a Wellbeing more...
10 Apr 2019 08:57
Employment rights: Time’s up for mandatory arbitrationThe #MeToo movement has placed previously obscure non-disclosure orders in the spotlight. Global Insight examines why mandatory arbitration clauses may be equally damaging – covering similarly iniquitous behaviour – and considers how they’re being challenged. For some it was a shock. For others, a more...
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