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Employment UK
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December 20, 2024
Spain Can't Use Immunity To Block Translator's Bias Case
Spain cannot rely on state immunity to overturn a translator's harassment and discrimination claim, a London appeals court ruled Friday, finding that the conduct complained of was not part of a governmental activity.
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December 20, 2024
Pension Scams Body Held Back By Lack Of Industry Funding
An influential campaign group on pension scams said Friday that it will not be able to play a bigger role in raising awareness without funding from the retirement sector.
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December 20, 2024
Sainsbury's Worker Fired For Harassment, Not Union Role
A longtime Sainsbury's staffer has lost his claim that he was fired for acting as a trade union representative, with an employment tribunal ruling that he was lawfully dismissed for harassing his female colleagues.
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December 20, 2024
HMRC Worker Wins Harassment Claim But Not Race Bias
An Afro-Caribbean caseworker has proved that a dismissive email sent by bosses at HM Revenue & Customs amounted to harassment, but lost dozens of other race bias allegations he brought at an employment tribunal.
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December 20, 2024
Footballer Wins Appeal Over Handling Of Abuse Complaint
A footballer convinced an appeals tribunal on Friday that his former club had victimized him after he complained about racial abuse by a fan, proving that the club penalized him by cutting communications with his agent.
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December 20, 2024
The Biggest Employment Law Developments In 2024
The Labour Party's victory at the general election and its introduction of the biggest overhaul of the country's employment rights in decades dominated the employment law landscape in 2024 — but other developments ushered in new operational considerations that employers will have to adapt to in 2025.
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December 20, 2024
Osborne Clarke Pro Fined £50K Over Zahawi Libel Letter
A tribunal fined an Osborne Clarke LLP partner who represented Nadhim Zahawi £50,000 ($62,700) on Friday for trying to stop a blogger revealing that the former chancellor was contemplating libel action over allegations of dishonesty in his tax affairs.
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December 19, 2024
Fired Ambulance Driver Wins Claim Over Rest Breaks, Meals
An ambulance driver won his unfair dismissal claim against Ezec Medical Transport Services when an employment tribunal ruled that the company didn't adequately investigate the serious fraud allegations against him before firing him.
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December 19, 2024
Funeral Boss Wins Claim Over Cancer Recovery Ultimatum
A funeral care provider unfairly fired a director because she had requested adjustments to ease her workload after going through two years of cancer treatment, an employment tribunal has ruled.
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December 19, 2024
Sacker, Kramer Levin Lead £340M British Airways Pension Deal
The pension scheme for British Airways staff said on Thursday it has completed a £340 million ($425 million) reinsurance deal, transferring the risk of its members living longer than expected.
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December 19, 2024
NHS Support Worker To Pay £14K After Tribunal Tosses Claim
A tribunal has ruled that a support worker must pay more than £14,000 ($17,612) to an NHS trust after she lost her claim alleging the trust refused to allow her chosen trade union representative to join her in meetings.
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December 19, 2024
Osborne Clarke Pro's Email To Zahawi Critic Was 'Negotiation'
A partner with Osborne Clarke LLP who represented Nadhim Zahawi "believed he was acting properly" when he sent an allegedly threatening email to a blogger scrutinizing the former Conservative chancellor's tax affairs, his counsel told a tribunal on Thursday.
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December 19, 2024
Lawyers Warn Skeletal Zero-Hours Contract Ban May Backfire
A proposed reform to crack down on exploitative zero-hours contracts is so vaguely drafted that it is unworkable and risks backfiring on its aim to provide more stability for workers, lawyers and industry groups say.
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December 18, 2024
Manager Unfairly Fired After Exposing Fraud At Leeds Charity
A charity worker has won her unfair dismissal case after an employment tribunal ruled higher-ups at a charity based in Leeds demoted and then fired her for sharing confidential information about colleagues without properly investigating the claims.
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December 18, 2024
Tech Biz Unfairly Fired CEO For Whistleblowing On China Deal
A British semiconductor company unfairly sacked its chief executive after he blew the whistle on the risks of relocating the company's headquarters to China in return for investment, a tribunal has ruled.
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December 18, 2024
Children's Home Worker Wins Penis Stereotype Claim
A children's home must pay its former employee more than £16,000 ($20,300) after his manager used a derogatory racial slur in front of him and brought him into a conversation about the stereotype of Black men having large penises.
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December 18, 2024
Gov't Urged To Pause State Pension Reform Before Review
The government must pause any further policy decisions on the state pension until it carries out its review into retirement savings adequacy, experts told lawmakers Wednesday.
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December 18, 2024
Pension Bodies Call For Regulation After Court Ruling
The government should issue regulation to clarify the scope of a landmark Court of Appeal ruling that could potentially cost pension providers billions of pounds in redress, a coalition of trade bodies has said.
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December 17, 2024
UK's IPO Fails To Improve Persistent Pay Gap For Women
U.K. officials revealed on Tuesday that male workers at the Intellectual Property Office made 27% more than their female colleagues in the last year, marking almost no improvement over the past three years.
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December 17, 2024
Cabinet Office Staffer Revives Job Grading Race Bias Claim
A Cabinet Office employee who identifies as Romani has revived her discrimination claim over the grading of her role, persuading an appeals judge on Tuesday to overturn an earlier decision to throw out her case.
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December 17, 2024
Gov't Ignores Calls For Redress Over State Pension Failings
The Labour government said on Tuesday it will not compensate women affected by historical failures to inform them that their retirement age had changed, in a move campaigners called an "unprecedented political choice" set to have long-term repercussions.
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December 17, 2024
Mothercare Manager Wins Maternity Bias, Unfair Sacking Case
A manager at the retailer Mothercare has won her claims for unfair dismissal and maternity discrimination after a tribunal found senior staff at the company scrapped her role to replace her with the freelancer hired to cover her maternity leave.
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December 17, 2024
MPs Quiz Gov't Over Pension Credit Delays
Lawmakers are asking the government what it is doing to tackle a deluge of pension credit claims, amid fears that those below the poverty line might not receive a winter fuel allowance this season.
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December 17, 2024
MI5 Wins Case Against Lawyer Accused Of Being Chinese Spy
A solicitor accused of being a Chinese spy has lost her legal challenge against MI5, after a tribunal found Tuesday that the U.K. security service acted lawfully when it warned parliamentarians that she was trying to interfere with the political process.
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December 17, 2024
Osborne Clarke Pro Denies Trying To Block Zahawi Scrutiny
A partner with Osborne Clarke LLP who represented Nadhim Zahawi has denied trying to prevent the former Conservative chancellor from facing scrutiny over his tax affairs by sending an allegedly threatening letter to a blogger, as he testified at a disciplinary tribunal on Tuesday.
Expert Analysis
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Why Law Firms Should Consider Apprenticeships
A recent government briefing shows that young people are increasingly signing up for apprenticeships, a trend that law firms should take advantage of to improve socioeconomic diversity and help to recruit a variety of talent, which can boost employee retention in the long run, says Emma O'Connor at Boyes Turner.
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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In-Office Policies May Be Solution To UK Skills Shortage
Against the backdrop of the U.K. skills shortage, personal engagement with junior lawyers could boost employee commitment, engagement and retention, highlighting that physical presence in the office is valued and vital, says Michael Stokes at Harrison Clark.
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Why Workplace Menstruation And Menopause Support Matters
The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.
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Leadership Development Recommendations For Employers
There's a clear need for organizations to rethink the way they develop and implement leadership and development initiatives for employees, because better-equipped leaders will contribute to an overall improvement in organizational culture and business performance, says Louise Lawrence at Winckworth Sherwood.
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Pension Trustee Case Could Lead To Fossil Fuels Divestment
While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.
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Supporting Employees Dealing With Infertility and Baby Loss
With employers facing potential loss of talent due to employees experiencing a lack of support on pregnancy and fertility issues — nearly one-quarter of employees have considered leaving their jobs for this reason, per a recent survey — companies should implement policies to help recognize and support their workers going through such life-changing events, says Helen Burgess at Gateley.
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AI Act Issues To Watch As EU Legislators Negotiate
The EU is working to adopt the world's first comprehensive regulatory framework for artificial intelligence, but the AI Act proposals from the European Commission, Parliament and Council currently differ on law enforcement use of AI, classification of AI systems and related compliance obligations, say Alexander Roussanov and Lazarinka Naydenova at Arnold & Porter.
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EU Decision Adds To Growing Right Of Access Case Law
The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.
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Perks And Potential Legal Pitfalls Of Int'l Remote Working
In a tight labor market, employers can entice prospective employees with international remote working, but should be aware of key immigration, data protection and tax issues, says Tim Hayes at BDB Pitmans.
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UK Tribunal Ruling Sheds Light On Workplace Speech Issues
The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.
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Tackling Global Inflation Is A Challenge For Antitrust Agencies
Recent events have put pressure on antitrust agencies to address the global cost-of-living crisis, but the relationship between competition and inflation is complex, and with competition agencies’ reluctance to act as price regulators, enforcement is unlikely to have a meaningful impact, say lawyers at Linklaters.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.
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Unpacking The Rwanda Policy Appeal Decision
The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.
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Opinion
Why Menstrual Leave Policies May Be Counterproductive
Efforts to introduce U.K. standards on leave for menstruation, which in practice has been narrowly applied, may be distracting focus from pay gap and family rights laws, and robust sick leave policies that may be more relevant to tackling gender equality in the workplace, say Sean Nesbitt and Sophie Davidson at Taylor Wessing.