One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600 3

Reasonable adjustments and s.15 claims

Gareth Price discusses reasonable adjustments and s.15 claims in light of Northumberland NHS v. Ward. Read more
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  NEWS

Nov 26, 2019

Matrix Chambers QC appointed High Court judge

Employment and discrimination specialist Thomas Linden QC of Matrix Chambers has been appointed as a High Court judge, assigned to the Queen’s Bench Division.
Nov 15, 2019

Independent report finds it would be unfair to say council had "sexist culture"

An independent report into Stratford-on-Avon District Council carried out by a leading local government lawyer has found that it would be "unfair" to brand the local authority as having a ‘sexist culture’.
Nov 11, 2019

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment

The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.
Oct 18, 2019

Equalities watchdog “calls time” on use of non-disclosure agreements in discrimination cases

The Equality and Human Rights Commission (EHRC) has launched new guidance for employers on the use of confidentiality agreements – also known as NDAs – in discrimination cases.
Oct 14, 2019

Child care workers removed from register over derogatory comments made about residents on WhatsApp group

Three residential child care workers and their manager have been removed from the Register of Social Care Workers after a hearing found their fitness to practise was currently impaired because of serious misconduct.
Oct 08, 2019

Welsh Government kick starts review of arrangements for dealing with alleged misconduct of senior officers in local government

The Welsh Government has launched a review of the arrangements for dealing with alleged misconduct of senior officers within local government in Wales.
Sep 24, 2019

Employment Appeal Tribunal in Scotland to hear appeal next month on employment rights of foster carers

The Employment Appeal Tribunal in Scotland will next month hear Glasgow City Council’s appeal in a case over the employment rights of specialist foster carers.
Sep 23, 2019

Council to pay union £647k over alleged failure to inform and consult before transfer of learning disability services

Somerset County Council has agreed to pay UNISON £647,000 to settle an employment tribunal case over an alleged failure to properly inform and consult with union officials about the impact on 1,100 employees of outsourcing the county’s learning disability services.
Sep 18, 2019

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome

Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.
Sep 04, 2019

Investigator clears council and officers of maladministration in planning enforcement row, takes different view on inducement to Crown Court and Court of Appeal judges

An independent investigator has cleared officers and councillors at Wokingham Borough Council of maladministration or unprofessional conduct in a long-running planning enforcement case.

  FEATURES AND ANALYSIS

November 08, 2019

Managing employee health and well-being

Hayley Titchner outlines the main legal claims that employees suffering from work-related stress could pursue.
November 01, 2019

Whistleblowing: reasonable belief in public interest?

Alastair Currie looks at the question of when it could be said that an employee’s belief that a disclosure is in the public interest is reasonable within the meaning of whistleblowing legislation.
October 25, 2019

Transgenderism and chosen pronouns

A Christian doctor was recently dismissed for refusing to address transgender patients by their chosen pronoun. Nadjia Zychowicz reports on the Employment Tribunal’s subsequent ruling.
October 25, 2019

Disciplinary panels and investigation reports

An Employment Appeal Tribunal has ruled that an investigator’s report should not subvert the role of a disciplinary panel. Charles Pigott considers the judgment.
October 04, 2019

Workplace shoulder massages and harassment

Did a workplace shoulder massage amount to sex-related harassment? Charles Pigott reports on a recent Employment Appeal Tribunal ruling.
September 13, 2019

Pensions and ill-health early retirement

A council’s inactivity was recently found by the Pensions Ombudsman to be “tantamount to maladministration”. Alice Kinder looks at the implications.
August 30, 2019

Facebook postings and vicarious liability of employers

Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.
August 23, 2019

Whistleblowing – expanding protection to anticipated protected disclosures

A claimant recently successfully argued at first instance that it is unlawful to subject an individual to a detriment on the grounds that the employer perceived them to be considering making a protected disclosure. Jennifer Danvers considers the judgment and potential ramifications.

  MORE NEWS

Aug 27, 2019

Government faces legal challenge over impact of pension changes on teachers and doctors

Law firm Leigh Day says it is preparing to bring legal claims on behalf of teachers and doctors against the Government over age discrimination if they have been moved onto a less beneficial pension scheme.
Aug 12, 2019

Council to appoint investigator to examine award of £15k additional duties payment to chief executive

A borough council is to appoint an independent investigator to examine the procedure followed when an additional duties allowance of £15,000 per annum was awarded to its chief executive.
Jul 31, 2019

Junior doctors win "significant victory" in rest breaks appeal

Junior doctors in Derby have won a 'precedent setting' Court of Appeal case over the monitoring of rest breaks.
Jul 17, 2019

Government to remedy unlawful difference in treatment across range of public sector pension schemes

The Government has accepted that a difference in treatment arising out of 'transition protection' that the Court of Appeal identified as unlawful age discrimination will need to be remedied across pension schemes for the NHS, civil service, local government, teachers, police, armed forces, judiciary and fire and rescue workers.
Jul 11, 2019

Chief constable to pursue judicial review of scheme requiring all new police officers to obtain degree

The Chief Constable of Lincolnshire, Bill Skelly, is to take the national College of Policing to judicial review over a new degree requirement recruitment scheme being imposed on the police service.
Jun 28, 2019

Supreme Court refuses government permission to appeal in pensions dispute with firefighters

The Supreme Court has this week refused the Government permission to appeal in a long-running dispute with the Fire Brigades Union over changes to firefighters’ pensions in 2015.
Jun 27, 2019

Council fails in bid to have man jailed for breach of order over abuse of social worker

The London Borough of Wandsworth has failed to have a man jailed for breaching an order intended to prevent abuse of a social worker.
Jun 19, 2019

Equalities watchdog calls for changes to legal aid to ensure discrimination in workplace is challenged

The Equality and Human Rights Commission has urged the Government to amend its legal aid funding guidance to ensure that discrimination claims which are also seeking other resolutions, such as an injunction or declaration, are not assumed to be a claim for damages, “due to the importance of confronting discrimination to the individual and to society”.
Jun 13, 2019

Landlord fined £1,600 for pushing housing officer down stairs, preventing inspection of property

A landlord has been found guilty and fined more than £1,600 for assaulting a council officer by pushing him down some stairs at a property he was inspecting, and obstructing the inspection from being carried out.
Jun 12, 2019

High Court ruling will allow care home workers to press on with equal pay claims, law firm says

A High Court ruling concerning employees of a residential care firm will allow their equal pay claims to move forward, law firm Leigh Day has said.
May 30, 2019

Recruit to join police as claim of discrimination for being white, heterosexual male settles

Cheshire Police have reached a settlement with a would-be trainee who won a tribunal claim that he had suffered discrimination as a heterosexual white man.
May 23, 2019

Social worker struck off for falsifying time sheets

A South Gloucestershire Council social worker has been struck off by the Health and Care Professions Tribunal Service for falsifying time sheets.
May 15, 2019

Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments

The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child's best interests to be raised by a mother and a father.
May 09, 2019

Employment lawyers acknowledge place for further regulation of confidentiality agreements but express concern over lack of regulatory clarity

There is a place for further review and regulation of confidentiality agreements (or NDAs), particularly in settlement agreements, to reduce the risk that such agreements prevent proper reporting of sexual misconduct at work, the Employment Lawyers Association (ELA) has said.
Apr 17, 2019

Councillors criticised over attitude towards investigation into email leak

Three Conservative councillors have been found to have brought Lancaster City Council into disrepute.
Apr 12, 2019

Chief execs union criticises draft regulations for £95k exit payments cap

The union representing chief executives and senior managers in local government has hit out at the government’s draft regulations for the proposed introduction of the £95,000 cap on public sector exit payments.
Apr 11, 2019

Chief executive hits out at anonymous letter that led to police investigation

The chief executive of Flintshire County Council has written to all councillors to denounce an anonymous letter about his appointment 12 years ago.
Apr 08, 2019

Ex-GP practice manager fined for emailing personal data to own account without authorisation

A former GP practice manager has been fined for sending personal data to her own email account without authorisation, following an investigation by the Information Commissioner’s Office (ICO).
Apr 03, 2019

MPs demand urgent action from Government to help local authorities prepare for Brexit

MPs on the Housing, Communities and Local Government Committee have called on the Government to take urgent action to enable local authorities to prepare for the consequences of Brexit.
Apr 02, 2019

LGPS funds warn Ministry of need for change in law amid concerns over draft asset pooling guidance

A partnership of Local Government Pension Scheme (LGPS) funds have given the Ministry of Housing, Communities and Local Government a copy of legal advice suggesting that proposals in draft statutory guidance on asset pooling require a change in the law.
Mar 21, 2019

NHS employee fined for unlawfully accessing personal records

An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.
Mar 06, 2019

Court of Appeal finds for local authority over teacher suspension

The London Borough of Lambeth has won an appeal over the suspension of a primary school teacher after it had earlier won in the County Court but lost a High Court appeal.
Feb 25, 2019

Twelve law firms appointed to £11.75m LGPS legal services panel

Twelve law firms have been appointed to a £11.75m legal services framework to provide support to the Local Government Pension Scheme (LGPS).
Feb 15, 2019

Supreme Court to hear case on residential care workers and sleep-ins

The Supreme Court has granted permission to appeal in the long-running litigation over whether sleep-in residential care workers should be paid the National Minimum Wage while asleep.
Feb 15, 2019

Judge refuses to grant union interim injunction but full trial looms in bins dispute

A High Court judge has refused to grant the Unite union an interim injunction against Birmingham City Council over an alleged breach of an agreement in 2017 that brought a long-running bins strike to an end.

  MORE FEATURES

August 16, 2019

Distinctly Average: statistics, rate of pay and shifting burden of proof in equal pay claims

The Court of Appeal has recently held that when determining particular disadvantage in non-binary situations, Tribunals should look at male and female average pay, not the distribution of male and female pay within a band. Daphne Romney QC, an equal pay specialist, explains Underhill LJ’s judgment.
July 26, 2019

Covert recordings by employees

A common question that is often asked by employers is what can they do if their employee has covertly recorded a meeting. James Barron explains the options.
July 19, 2019

Regular voluntary overtime and holiday pay

The Court of Appeal has confirmed that voluntary overtime should be included in the first four weeks holiday pay so long as such payments are sufficiently regular and settled enough to amount to "normal" pay, write Joanne Bell and Nick Chronias.
July 05, 2019

Unfair dismissal and re-engagement

A Court of Appeal ruling means a re-engagement order does not give an unfairly dismissed employee an actual right to be re-engaged, writes Clive Sheldon QC.
June 21, 2019

Service models: the hazards of TUPE law

At a time when public sector employers are closely examining whether they have the right service models, Philip Woolham looks at the challenges of managing TUPE law.
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June 07, 2019

Data protection and wider complaints or disputes

Andrew Gallie looks at how issues may arise in practice when data protection is used as part of a wider complaint, and suggests some pointers on how to respond.
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May 31, 2019

No discrimination in shared parental leave appeals

The Court of Appeal ruled this week in the eagerly awaited appeals by men on shared parental leave who were paid less than women on maternity leave. Andrew Burns QC considers the lessons from the ruling.
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May 28, 2019

Housing association board members: payment, taxation and employment rights

It is frequently asked whether board members of housing associations should be paid, what to pay them, and how to pay them. Imogen Reseigh explores some of these issues and also discusses taxation and employment status.
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May 24, 2019

Conversations about religion with patients

The Court of Appeal has rejected a nurse’s appeal against dismissal for improper conversations about religion with patients. Alessandra Gettins, Emma Rowley and Bridget Prosser explain why.
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May 17, 2019

Love is (not) in the air: handling employees who refuse to work together

What happens when a romantic relationship in the workplace turns sour? If the two employees refuse to work together how should this be managed? Chris Bailey-Gibbs and Sophie Smith examine employers' options.
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May 03, 2019

Dealing with employees who refuse to follow instructions

What are the options available to employers where employees refuse to follow instructions? Sarah Harnett looks at the key considerations.
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April 19, 2019

The government's crackdown on exit payments

Sarah Lamont examines the latest development in the government’s plans to introduce cap on exit payments for public sector workers.
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April 18, 2019

Discrimination: Disciplinary proceedings and unconscious bias

A recent Employment Appeal Tribunal case involving a primary school head teacher highlights the risks of undertaking a flawed disciplinary process, write Ceri Fuller and Zoë Wigan.
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April 05, 2019

Positive action: First Employment Tribunal case highlights stumbling blocks

An Employment Tribunal has unanimously found that a police force’s recruitment process directly discriminated against a white, heterosexual, male. Paul McFarlane examines the ruling.
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March 28, 2019

No longer in suspense

Andrew Rhodes considers a judgment of the Court of Appeal in a case involving a local authority and a teacher which provides authoritative guidance on disciplinary suspensions.
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March 22, 2019

No breach of duty in assault of employee

Nicola Hyam and David Williams report on the outcome of a claim against a council where an employee was assaulted by a service user.
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March 15, 2019

Unconscious bias: a hidden risk?

Paul McFarlane looks at how employment tribunals have considered the issue of unconscious bias, and examines the steps employers can take to minimise the risk of a claim of discrimination.
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March 08, 2019

Pensions update - benefits statements vs employment status

An Ombudsman’s decision resulted in unexpected cost for a council which issued an incorrect benefits statement. Philip Woolham reports.
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January 04, 2019

Good Work Plan – some legal changes confirmed

The Government has now published the draft legislation which will bring some of the commitments made in the Good Work Plan into force. Phil Allen explains the key points.
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December 21, 2018

Good Work Plan - changing employment law

The Good Work Plan moves us a step closer to the implementation of the reforms recommended in last year's Taylor Review. Phil Allen explains what is involved.
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