Credit where credit’s due

Doug Mullen and Alice Kinder look at changes to the rules on Local Government Pension Scheme exit credits. Read more
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  NEWS

Mar 23, 2020

Ministry of Justice clarifies those key workers seen as “essential to the running of the justice system”

The Ministry of Justice has shared a list of key workers considered “essential to the running of the justice system” during the coronavirus outbreak and therefore whose children will be prioritised for education provision, the Bar Council has revealed.
Mar 20, 2020

ACAS issues guidance on home-working for employers and employees

The Advisory, Conciliation and Arbitration Service (Acas) has set out the rights and responsibilities of employers and employees when working from home, in response to government advice for many workers to stay away from the office.
Mar 20, 2020

Government sets out list of ‘key workers’ to be prioritised for education provision

Only those administrative occupations in local and national government essential to the effective delivery of the COVID-19 response, or delivering essential public services, such as the payment of benefits, including in government agencies and arms-length bodies are among those considered 'key workers' to be prioritised for education provision, the Government has said.
Mar 19, 2020

Employment Tribunal awards whistleblowing doctor £857,000

A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.
Mar 18, 2020

Supreme Court gives NHS trust permission to appeal voluntary overtime and holiday pay ruling

The Supreme Court has given the East of England Ambulance Service NHS Trust permission to appeal from the Court of Appeal’s ruling that voluntary overtime needed to be included in the calculation of holiday pay for its workers.
Mar 06, 2020

Social worker suspended for 12 months for copying and pasting Deprivation of Liberty Safeguards forms

An experienced social worker has been suspended for 12 months for copying eight DoLS (Deprivation of Liberty Safeguards) assessments from forms completed for other service users.
Feb 20, 2020

Council-owned company defends unfair dismissal claim from ADHD sufferer

A refuse collector has lost his claim for disability discrimination against Bristol Waste, a wholly-owned operation of Bristol City Council.
Feb 19, 2020

Acas publishes new advice on handling coronavirus at work

The Advisory, Conciliation and Arbitration Service (Acas) has issued advice to employers on to deal with sick pay, staff in quarantine and staff who do not want to come into work due to fears over catching the coronavirus.
Feb 10, 2020

Acas guidance warns against routine use of non-disclosure agreements

Non-disclosure agreements should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work, Acas has said in new guidance.
Feb 04, 2020

Ex-social worker fined for unlawfully disclosing personal data

A former social worker has been prosecuted for passing the personal information of service users to a third party provider for local authority young person placements.

  FEATURES AND ANALYSIS

March 06, 2020

Discrimination claims, PCPs and one-off acts

Can a one-off act qualify as a provision, criterion or practice for discrimination claims? Nadjia Zychowicz examines a recent Court of Appeal ruling.
February 21, 2020

Sexual harassment and harassment at work – EHRC’s technical guidance

Ingrid Mcghee examines the new guidance released by the Equality and Human Rights Commission on sexual harassment and harassment in the workplace.
February 14, 2020

Employees and child protection issues

The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.
February 07, 2020

Climate emergency #7 - have you thought about Pensions & Investments?

Philip Woolham looks at how pensions and investment can further the climate change agenda.
January 17, 2020

A tale of a whistleblower and two hats….

The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.
January 10, 2020

Neurodiversity in the workplace: hidden disabilities

Mark Radford looks at recent cases on hidden disabilities and outlines some steps employers can take when dealing with neuro-diverse employees.
January 03, 2020

The CSPL Review of Ethical Governance and Bullying

Paul Feild looks at what the Committee for Standards in Public Life has recommended in relation to bullying and sets out the actions councils can take to address the issue.
December 20, 2019

Strike out: When?

The Employment Appeal Tribunal has recently provided helpful pointers to practitioners on the relevant factors an Employment Tribunal should consider when entertaining an application to strike out, writes Gareth Price.

  MORE NEWS

Jan 07, 2020

Council officer ordered to pay £900+ after accessing social care records without authorisation

A former Reablement Officer at Walsall Metropolitan Borough Council has been prosecuted by the Information Commissioner’s Officer for accessing social care records without authorisation.
Dec 18, 2019

Ex-council officer convicted of making false air quality readings

A former Waverley Borough Council officer has been convicted of making false air quality readings.
Dec 16, 2019

Council and governing body of school win appeal over carbon monoxide exposure

Essex County Council and the Governing Body of Sawyers Hall College were not ‘occupiers’ of a college building where a number of people suffered health problems from carbon monoxide exposure, the High Court has ruled.
Dec 13, 2019

Former planning officer loses Court of Appeal battle over 'protected disclosures'

A former City of Bradford Metropolitan District Council planning officer has lost a Court of Appeal case against the council over protected disclosures that arose in the course of a dispute over a sewer and outbuilding.
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.
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.

  MORE FEATURES

December 13, 2019

S.103A and concealed reasons

The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker. Gareth Price reports.
November 22, 2019

Reasonable adjustments and s.15 claims

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