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An 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, Amnesty and Time’s Up UK. Their aim is the introduction of new legislation that would require employers to take preventative measures to stop sexual misconduct in the...
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Karen 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 the dismissal was for the same reasons, with the requisite knowledge of a disability, that was actionable by an employee claiming to have been dismissed because of something arising in consequence of...
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Karen Moss has successfully appealed a judgment which wrongly excluded all pre-termination negotiations pursuant to s.111A ERA 1996, when such negotiations were admissible for the purposes of determining whether there was a termination at all - Basra v BJSS Ltd UKEAT/0090/2017.
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Following Karen Moss’s successful appearance before the Court of Appeal earlier this year, the employment tribunal in K v CGDM Ltd has just given a judgment for the Respondent for costs in respect of the original hearing. The Respondent was awarded the maximum costs order within the jurisdiction of the employment tribunal - £20,000 - as a result of the Claimant’s unreasonable conduct during the proceedings
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Karen Moss’s latest article, “Post-Pnaiser protection”, an update on discrimination arising from disability after Pnaiser v NHS England and another, has been published by the New Law Journal. To read Karen, article, click here.
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3PB Employment barrister Karen Moss has had an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal. See http://www.pibriefupdate.com/content/ and the Personal Injury Brief Update Law Journal newsletter this month. To read Karen's artile, please click here.
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Philcox v CGDM Ltd TA Andrew Wilson and Co Involved a lengthy employment tribunal hearing concerning allegations of unfair dismissal and very serious sex discrimination, harassment and victimisation, which were not upheld. After successfully responding to an appeal in the EAT before HHJ Eady QC in February 2017 (and obtaining an EAT costs order after the appeals were dismissed), Karen Moss successfully applied for permission to be set aside in the Court of Appeal last...
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Karen Moss represented the successful Respondent in Hampshire County Council v Wyatt UKEAT/0013/16/DA on 13th October 2016. The President of the Employment Appeal Tribunal Mrs Justice Simler DBE gave invaluable guidance in relation to the divisibility of injuries and proportionate reduction of ITF and personal injury awards and on the use of medical evidence in employment tribunals for personal injury claims.
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