Discover and read the best of Twitter Threads about #ukemplaw

Most recents (24)

1/ Hill v Lloyds Bank: A reasonable adjustments case whose real interest to practitioners is concerned with what makes an appropriate recommendation. bailii.org/uk/cases/UKEAT… #ukemplaw
2/ In this case, Mrs Hill complained of bullying by her line manager & their line manager. She was off for quite some time suffering stress as a result. On return, she was placed in a different branch/region to the alleged bullies. She wanted an undertaking that would remain so.
3/ The undertaking she wanted was to the effect that she'd never be required to work with them & if that proved impossible she'd be offered a severance payment akin to redundancy. It was an undertaking the bank wasn't prepared to give.
Read 15 tweets
1/ Wee thread - I was in a meeting yesterday with Presidents of the ETs and others from HMCTS, BEIS etc.

They were able to provide a insight into the backlog in the Employment Tribunal for #ukemplaw.

The only regions which had to list for 2022 are South East/South London
2/ This is due to a chronic lack of resources. Thankfully, this has been recognised by the President of E&W and there is a large tranche of newly minted Judges who will be allocated to these problem regions.

Owing to restrictions on training etc. they will come in from 2021.
3/ The Judges and staff who are in these regions have been working incredibly hard, sitting far longer than normal, taking extraordinary steps to make sure that cases were progressing.

And in London Central, Judges were going in to allocate claims and clerking duties!
Read 9 tweets
I have just been on a demonstration of the new CVP (Cloud Video Platform). It's basically Zoom, but for courts and tribunals, and it's being adopted by #ukemplaw tribunals. They can't use Zoom etc because of security concerns.
It was tricky to join. I tried with Firefox for Mac. I initially refused permission for it to access my camera, largely because I thought I might get bored during the presentation (I wasn't though!) and didn't want to be seen sloping off.
Once I'd clicked 'no' to the camera, the CVP system didn't like me very much, and then Firefox wouldn't let me change my preferences. So I had to join using Safari instead. That worked fine.
Read 15 tweets
1/ In Duchy Farm Kennels v Steels, Cavanagh J answers a question we all presumed the answer to but which hadn't ever been decided: what are the consequences of breach of the standard COT3 confidentiality clause? bailii.org/ew/cases/EWHC/… #ukemplaw
2/ Mr Steels brought an ET claim which was compromised via a COT3 on payment of £15,500 over 47 weeks. The COT3 included a standard standalone confidentiality clause as below:
3/ Mr Steels had someone over to give a quote to mend his fence & couldn't keep his excitement in any longer. He told the fencer all about the settlement. Slightly less bizarre a disclosure given that the fencer had also worked for the kennels & left on bad terms.
Read 10 tweets
[THREAD] 1/ Seeing as a @brianmoore666 retweet has brought me a host of rugby fan followers, I thought as a treat I'd introduce you to the greatest ever rugby-based #ukemplaw case - Mason v Huddersfield Giants. Here's the link: bailii.org/cgi-bin/format…) #Rugby #rugbyleague
2/ As many of you will know, Keith Mason is a Welsh international who played for many of the great rugby league teams post-Millennium and is now plying his trade as an actor, boosted by his friendship with Mickey Rourke: en.wikipedia.org/wiki/Keith_Mas… bbc.co.uk/sport/rugby-le…
3/ At the end of each rugby league season, many of the clubs hold an event (or at least did back in 2012) called Mad Monday, which the Judge in this case described in language I've never before seen in a judgment:
Read 12 tweets
So I just searched for 'acas helpline and the first result I got was this: Image
You really have to be quite alert to realise that this isn't a service being offered by @acasorguk but is in fact a page for 'employers direct' Image
There is some serious SEO going on there with Employers Direct jamming references to the @acasorguk Code of Practice into every possible sentence. Employers Direct is an intermediary of our friends at Peninsula (cant send you to their Tweeter feed as they blocked me years ago)
Read 8 tweets
1/ HMRC v Professional Game Match Officials Ltd: A potentially important UT(TCC) case about football referees, though disappointingly it's not about whistleblowers! It's on employment status and is a real must read for #ukemplaw-yers. bailii.org/uk/cases/UKUT/…
2/ The case concerns referees who mainly operate in the 1st & 2nd division & FA Cup games, generally as a part-time hobby alongside their normal full-time job. HMRC issued a determination that the refs were employees, with the consequential tax treatment that applies.
3/ PGMOL appealed successfully to the FTT & HMRC then appealed to the Upper Tribunal. The appeal centred on questions of the mutual obligation requirement & control tests & the UT's judgment is as good as a textbook on these issues, with some important legal conclusions.
Read 23 tweets
1/ The 1st (I presume) furlough/job retention scheme case has been handed down today featuring one of #ukemplaw Twitter's newest recruits, @StuartBrittend1. It's about whether Carluccio's administrators can furlough the employees & it is here: thompsonstradeunion.law/media/3949/cal…
2/ The case is concerned principally with administrator's duties & what mechanism can be used by the administrator to give furloughed employees super-priority rather than placing them alongside other unsecured creditors, however there is plenty for the pure employment lawyer.
3/ 1st, it's the 1st judicial mention (as far as I know) of the scheme, which I guess of some interest itself. The Judge appears to share #ukemplaw Twitter's longing for clarificatory legislation.
Read 18 tweets
A really important thread, looking at the harsh, hidden realities for those living and working in #SocialCare during #covid19.

The clearest demonstration of how #covid19 is entangling urgent questions of economy with public health, human rights & dignity, #ukemplaw.
Well worth reading in conjunction with this new brilliant study from @abicadams @MartaGolin @TeodoraBoneva1 on the economic shock for workers on low income and insecure work - many of those working in #socialcare right now.

Some of the hard-hitting stats in that study are broken down in this excellent thread by @JeremiasPrassl. It’s a sobering reminder/wake-up call of the need for a multi-faceted urgent policy response.
Read 6 tweets
Like many in the #ukemplaw world I've basically been spending this week talking and writing about furlough and the coronavirus job retention scheme. This morning I've been struck with a sudden attack of scepticism 1/6
When push comes to shove all we have to go on is a guidance document and an assurance that the scheme will be up and running in time for the April payroll. But the technical work that needs to be done to put that in place is enormous 2/6
It swamps the employment law issues that I've been wrangling with - how do you choose which employees are furloughed? do you 'top up' the government's grant? can you take annual leave while on furlough? What if the scheme isn't ready in time? 3/6
Read 6 tweets
1/ Along with a thousand other #ukemplaw-yers, here's a hastily compiled thread on this evening's guidance: gov.uk/guidance/claim…
2/ 1st up, what the £2,500 covers. It covers "usual monthly wage costs". That excludes fees, commission & bonuses. Employer NIC contributions & minimum auto-enrolment pension contributions can be claimed on top.
3/ For those on variable monthly salaries, there is a choice of calculation: (i) the earnings in the same period in 2019; (ii) average over the last 12 months (or monthly average for a shorter period if they've not been in the job for the whole year).
Read 20 tweets
1/ Radia v Jefferies International - A costs appeal judgment worth having in the locker, if only to scare your client or opponent into taking sensible settlement decisions. The ET awarded whole litigation costs in a case with a costs application capped at £550k #ukemplaw
2/ HHJ Auerbach gives useful guidance on determination of whether a claim had no reasonable prospects at the outset (under r.76(1)(b)), including the line between unacceptable use of hindsight & careful use of what has been learnt at trial about the contemporaneous evidence
3/ The EAT also approved of the ET's finding that the fact the claimant was granted insurance cover & continued to receive insurance cover didn't provide any get out of jail free card on whether he should have known of the lack of prospects.
Read 5 tweets
1/ The headline in the CA judgment in Jesudason v Alder Hey is that calling a whistleblower a troublemaker or liar for the sole purpose of protecting the organisation amounts to a detriment, but the judgment contains a whole lot more of interest. bailii.org/ew/cases/EWCA/… #ukemplaw
2/ 1st, Sir Patrick Elias takes the opportunity at paras 16-31 to provide a useful textbook chapter on key whistleblowing principles. Of greatest use/relevance to the appeal that includes a summary of s.43G, distilling the threshold to 4 requirements:
3/ 2ndly, at para 28 a succinct restatement of the test for what amounts to a detriment, noting that it has both subjective and objective (reasonableness) aspects to it.
Read 11 tweets
1/ The question in Barnard v Hampshire Fire & Rescue was when does a promotion break a stable working relationship for the purpose of determining whether that category of equal pay claim is brought in time. assets.publishing.service.gov.uk/media/5dfc86c3… #ukemplaw
2/ That is a question of some importance where an equal pay claim relates either to a number of consecutive periods of employment for the same employer under different contracts, or to employment on a contract prior to the contract in effect at dismissal.
3/ As a reminder, here are the relevant subsections of EqA s.129-130:
Read 16 tweets
1/ Given that tomorrow's Lady Hale's valedictory, I thought it a perfect time to list Lady Hale's 10 greatest #discrimination & #ukemplaw hits in the highest court. First up, from way back in 2004, Archibald v Fife on more favourable treatment for disabled people
2/ 2nd, from 2007 Derbyshire v St Helens MBC - strong words in the case about victimising dinner ladies bringing an equal pay claim.
3/ 3rd, the early days of the Supreme Court, giving the classic definition of the difference between direct & indirect discrimination in the JFS case, a case whose unintended consequences have included a boon for attendance by 3 and 10 year olds at synagogue children's services
Read 11 tweets
Such a pleasure to listen to thoughtful speakers on #AI #ethics #globalgovernance in a long overdue conversation in Britain. So much important debate such as this has been overtaken by Brexit, distracting us constantly from critical issues affecting our society now. #WLinAI2019
Interesting q on leverage of UK post-Brexit re #AI.

Dr Catherine Mulligan: UK will dramatically lose bargaining power over data & will end up reliant on Silicon Valley.
Fascinating panel on “AI reshaping work & labour: the value of organising & tech activism”: Dr Alan Winfield, Claudia Pagliari & @andrew4mk of @ProspectUnion.

Raising human & societal cost of platform economy controlling most of what we do. Asks - are we creating a slave class?
Read 6 tweets
1/ Acetrip v Dogra is a long decision on various remedy issues, much of which should not disturb your sleep, but it starts with a pretty extraordinary factual circumstance that most employers would have wanted to hide by settling. assets.publishing.service.gov.uk/media/5d230f1c… #ukemplaw
2/ There are 10 grounds of appeal, 5 of which merit mention. 1st is compensation for someone on sick leave (& SSP) at dismissal. What's their loss under ERA s.123? The contractual rate or sick pay? The answer depends on the impact of the dismissal.
3/ Dignity v Bruce paras 11-13 hold the key. The ET has to look at the contribution of the dismissal to the illness or its exacerbation. The fact that a pre-existing illness resulting from the employer's actions isn't enough.
Read 7 tweets
Breaking: Employment Tribunal decision in @PimlicoPlumbers: unlawful deduction of wages admitted, holiday pay claim rejected. Written reasons to be sent to parties, first update here courtesy @jacquimcguigan. Crucial #ukemplaw testcase for #gigeconomy and #precariouswork. 1/7
The key dispute relates to paid annual leave due to workers under the Working Time Regs. @PimlicoPlumbers ‘admitted that the leave [taken by Mr Smith] was unpaid’ 2/7
The problem, however, lies in recent statutory amendments to limitation periods, which drastically limit claimants’ ability to recover – claims need to be brought within three months of the last deduction *and* it’s difficult to establish a series of deduction. 3/7
Read 8 tweets
1/ [Thread] Gan Menachem v de Groen may be principally concerned with whether it's directly discriminatory because of religion/sex for a Lubavitch (i.e. ultra-Orthodox/mega-frum) nursery to dismiss someone for living in sin, but the judgment is surprisingly important. #ukemplaw
2/ 1st some facts. C was a nursery teacher at GM. C is Jewish but is less frum (i.e. less religious) than the nursery's identity and clientele. Significantly, C and her unmarried partner lived together - something that would be seen as scandalous to the Lubavitch community.
3/ C attended a communal bonfire/BBQ on Lag B'Omer (the 33rd day after the 1st day of Pesach). She went with her partner, who let slip to a nursery governor that he & C lived together. Some parents found out, recoiled in horror & threatened to withdraw their children.
Read 20 tweets
1/ Seahorse v Nautilus: Two important points arise from this Court of Appeal judgment about the reach of collective consultation rights under TULR(C)A s.188, one territorial and the other more generally definitional. Here's the judgment: bailii.org/cgi-bin/format…) #ukemplaw
2/ On the definitional point, the CA looked at the definition of 'establishment' (as s.188 operates when 20+ are to be made redundant within 90 days at 1 establishment). Put simply, the CA held that a unit (here each ship) with an assigned workforce is an establishment.
3/ On the question of territorial scope, the CA considered whether the focus under s.188 is on the individual or the establishment. The CA found for the latter, with Underhill LJ identifying a host of practical problems if the individual was the focus.
Read 4 tweets
The #SupremeCourt has rejected Pimlico Plumbers' appeal. Significant #gigeconomy case on whether person is a 'worker' (entitled to holiday, discrim protection, etc) or a mere contractor (entitled only to the terms of their contract). supremecourt.uk/cases/uksc-201… #ukemplaw (1/10)
Having said it’s significant, there’s not an awful lot of new law in there. It’s largely significant because this is (I think?) the first time in the recent spate of gig economy cases that the Supreme Court has got involved. (2/10)
There is, however, one nugget of note. There seems to now be a ‘dominant feature’ test when considering whether someone is a ‘worker’. (3/10)
Read 10 tweets
1/ The Court of Appeal's judgment in Secretary of State for BEIS v Parry and Trustees of the William Jones's School Foundation is fascinating for a whole host of reasons, perhaps particularly a little bit of obiter thrown in at the end bailii.org/ew/cases/EWCA/… #ukemplaw
2/ First, unusually this was an appeal brought by a non-party to the original hearing and to the EAT appeal. All parties accepted (eventually) the CA had jurisdiction. The SoS had only appealed in shock and horror at an ultra vires ruling without being added as a party.
3/ The case was a bit of a mess from the start. On the ET1 the unfair dismissal and arrears of pay boxes were ticked. In box 8.2 (the details of claim box) 'Please see attached' was written, but particulars of the wrong claim were attached. I believe the right emoji is 🤦‍♂️
Read 17 tweets
1/ CA judgment was handed down today in Abertawe Bro Morgannwg University Local Health Board v Morgan. It'll be the go-to case for Claimants seeking a just and equitable extension of time under the Equality Act. #ukemplaw
2/ First, the Court deals with s.123(4), dismissing an argument by the Board that the date time runs from in an omission case must also be considered the date of breach.
3/ The CA then turns to the 'just and equitable' discretion, starting by restating the well known approach to the Limitation Act s.33 factors set out in Keeble and clarified in Afolabi as not being a checklist. Leggatt considers the position more closely analogous to s.7(5) HRA.
Read 9 tweets
Sorry for the delay - got distracted by the day job. The first set of quarterly ET stats since the abolition of #ETfees in July are out, and here's a chart. 🤓 1/n
gov.uk/government/sta… #HR
In Q2 2017/18, there were 7,042 single claims/cases, and 429 multiple claimant cases. That's a 66% increase in single claims/cases, compared to the previous quarter, and a 62% increase on the same Q in 2016/17. 2/n #ukemplaw
HOWEVER (1/n): as Supreme Ct ruling on #ETfees was on 26 July, all the increase was in August & September (i.e. only 2/3 of the Quarter). So, there *might* be a further increase in Q3. 3/n #ukemplaw #HR
Read 14 tweets

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