Employment and discrimination News

3PB Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering: Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632 EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW Subjecting men and women to the same...

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.

3PB Employment barrister Oliver Isaacs analyses the latest employment law cases, covering: 1. Early Conciliation – De Mota v ADR Network UKEAT/0305/16/DA 2. Practice and Procedure - Jhuti v Royal Mail UKEAT/0061/17/RN 3. Burden of Proof - Efobi v Royal Mail Group Ltd 4. Causation and Apportionment – BAE Systems (Operations) Ltd v Konczak (2017) EWCA Civ 1188 5. Permanent Health Insurance - ICTS (UK) Ltd v Visram (2017) All ER D 229 6. Whistleblowing...

Simon Tibbitts has secured awards of costs for his respondent clients in two recent cases before the Employment Tribunal both on the basis that the original claims presented were unreasonable / misconceived. The first, which was heard in London Central Employment Tribunal at the end of August 2017 resulted in a cost award of £2,000. The second, an unconnected matter, resulted in a costs award being made of just over £16,000 following a week long...

In her latest article, 3PB Employment barrister Sarah Bowen examines the ECHR’s final decision in Burbalescu v Romania and its impact on private and public employers who chose to monitor staff communications. Sarah provides a useful summary of the principles relevant to this complex area of law and its impact on convention rights.

3PB Employment barrister Andrew MacPhail examines the decision taken by Justice Simler in Focus Care Agency & Ors v Mr B Roberts & Ors UKEAT/0143/16/DM & Ors and when "sleep-in" shifts constitute time work under the National Minimum Wage Regulations 2015. To read Andrew's analysis, please click here.

Employment specialist Matthew Curtis provides an employment case law update covering: Tribunal fees – the latest position Suspension – the risks ACAS Early conciliation – the latest skirmishes in an ongoing war (De Mota v ADR Network & anor UKEAT/0305/16) Presidential guidance – pensions and Vento Burden of proof in discrimination claims Please click here to read Matthew's case law update.

3PB Employment barrister Sarah Bowen reviews the Supreme Court’s landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that Tribunal fees are unlawful and discriminatory and considers what might happen next!

3PB Employment barrister Joseph England examines the decision reached by the Court of Appeal in Day v Health Education England & Ors. [2017] EWCA Civ 329, where the Court of Appeal held that a junior doctor can rely on ‘whistleblowing’ protection against Health Education England despite a separate employment relationship with an NHS Trust, bolstering protection for 54,000 junior doctors and agency workers nationwide. To read Joseph’s article, please click here. This article originally appeared...

Joseph England appeared last week in an interesting case under the Equality Act 2010 heard in the County Court in which a traveller was seeking an injunction and damages from a pub and its landlady after he was refused service. Relying on his race as a traveller, the Claimant alleges that he was refused service because of his race and that this was an act of harassment, whereas the Defendants contend that their belief was...

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.

Simon Tibbitts provides an employment case law update covering: (1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879 (2)  Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ) (3)  Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill...