Cheshire East

Unconscious Bias, Discrimination and a Warning to Public Sector Employers

Christian Grierson and Julie Bann discuss two employment tribunal judgements, which provide a stark warning to public sector employers about unconscious bias and discrimination. Read more
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  NEWS

Jan 14, 2022

City council chief executive expresses regret over Cabinet Office leaving drinks

The chief executive of Sheffield City Council has said she is "truly sorry" for going to a leaving party in December 2020 to mark the end of her role as Director General of the Cabinet Office's COVID-19 Task Force.
Jan 14, 2022

Watchdog accuses Welsh council of "serious breakdown of governance", ignoring Head of Legal and disregarding external legal advice

The process that led to a £95,000 departure payment being made to a former chief executive of Pembrokeshire County Council “represented a serious breakdown in governance” including a failure to comply with legal requirements, a failure to address the concerns of the Head of Legal and Democratic Services, and the disregard of external legal advice, a report in the public interest issued by the…
Dec 29, 2021

Fear of catching Covid-19 not a philosophical belief for purposes of Equality Act, employment judge rules

A claimant’s belief in a fear of catching Covid-19 and a need to protect herself and others, did not amount to a philosophical belief for the purposes of section 10(2) Equality Act 2010, an Employment Tribunal judge has ruled.
Dec 14, 2021

Thanet appoints Baker as Independent Monitoring Officer with original choice unable to take on role

Thanet Council has appointed Quentin Baker, Chief Legal Officer at Hertfordshire County Council, as Independent Monitoring Officer after the local authority’s original selection was unable to take on the role.
Dec 09, 2021

County council apologises after unlawfully employing ex-councillor: report

Nottinghamshire County Council has apologised for allowing a former councillor to be unlawfully employed by it, according to reports.
Dec 06, 2021

Judges dismiss judicial review challenge over interpretation by Prime Minister of ministerial code in Priti Patel "bullying" claims

A Divisional Court has rejected a judicial review challenge brought by the FDA union over the Prime Minister’s decision that Home Secretary Priti Patel did not break the Ministerial Code in her treatment of civil servants.
Dec 02, 2021

Council found to have breached Equality Act 2010 after claimant accountants subject to “unwanted conduct of a sexual nature” by fellow employee

Two accountants have won an Employment Tribunal case against the Royal Borough of Kensington and Chelsea after they were subjected to unwanted conduct of a sexual nature, in breach of the Equality Act 2010.
Dec 01, 2021

High Court judge gives reasons for refusing permission for legal challenge to care home workers vaccination requirement

A High Court judge has given her reasons for dismissing two challenges to the Government’s policy that anyone working in a care home must be vaccinated against Covid-19 unless medically exempt.
Nov 26, 2021

Judge raps council over unfair dismissal of headteacher

An Employment Tribunal judge has strongly criticised Essex County Council’s handling of a headteacher’s dismissal.
Nov 25, 2021

Court of Appeal rejects claim for negligence, breach of statutory brought by teacher over assault

An assistant head teacher whose career was ended after an assault by a pupil cannot claim for negligence and breach of statutory duty, the Court of Appeal has ruled.
Nov 24, 2021

Law firm Browne Jacobson tops social mobility index

Law firm Browne Jacobson has been ranked as the UK’s leading employer in the Social Mobility Foundation’s Employer Index 2021, which examines how companies and organisations are driving social mobility within their workplace.
Nov 24, 2021

Anthony Collins Solicitors launches toolkit for employers on social mobility

Law firm Anthony Collins Solicitors has launched a free social mobility toolkit, sponsored by Central England Co-operative and Boston Borough Council.

  FEATURES AND ANALYSIS

December 02, 2021

Managing employees with long COVID and employees who have anxiety about returning to the office

Julie Bann and Victoria Smith consider how Long Covid may be treated under existing employment laws and provide compliance guidance for employers.
November 26, 2021

Responding to the impact of TikTok on your school community

Julia Green looks at the options for schools and teachers who are subject to attacks on TikTok.
November 19, 2021

The importance of due process, communication and fairness in employee conduct investigations – what you need to know.

Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.
October 29, 2021

Pandemic related protected disclosures claims

The first Employment Tribunal decision in a pandemic-related protected disclosures claim has just been issued. Debra Gers looks at the lessons for employers from the ruling.
October 22, 2021

Menopausal symptoms and disability

The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.
October 15, 2021

The Government consultation on flexible working

What could the Government's consultation on flexible working mean for employers? Zahra Gulamhusein explains.
October 13, 2021

Current challenges facing employers

Paula Kathrens and Debra Gers discuss the employment law issues that have arisen as a result of the need for Covid-19 secure workplaces, the complexities of the furlough scheme and challenges around new ways of working.
October 08, 2021

Capability and conduct dismissals

Can the Employment Tribunal “go behind' a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.
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  MORE NEWS

Nov 16, 2021

Union to ballot courts staff over “flawed” new HMCTS case management system amid concern at potential job losses

Union members are voting on their support for the continued use of HMCTS's newly implemented case management system amid claims from that the platform is causing stress and delays for legal professionals.
Nov 12, 2021

Union urges employees at council not to sign equal pay settlements due to alleged job evaluation scheme errors

A union is urging employees not to sign any equal pay settlement offers from Birmingham City Council after claiming that "significant" new information has emerged surrounding problems with the local authority's job evaluation scheme.
Nov 01, 2021

LLG President says “one simple tweak” could resolve issues with proposals for exit payments cap

The President of Lawyers in Local Government has called on the Government to draw a simple distinction between pension payments and severance payments amid reports of revised proposals for a cap on public sector exit payments.
Oct 27, 2021

Employment Appeal Tribunal upholds ruling that council employee was unfairly dismissed over comments made at rally, and should be reinstated

The Employment Appeal Tribunal has dismissed an appeal by a London borough against a Tribunal’s decision that an employee from its Environmental Health Department was unfairly dismissed over comments he made when he attended a rally outside Parliament.
Oct 20, 2021

High Court upholds reprimand issued by education regulator to teacher who sent obscene response to job rejection email

An interviewee who received a reprimand from an education regulator after he responded to a rejection email with an expletive has lost a High Court appeal of the decision.
Oct 07, 2021

£95,000 pay-off approved by Council leader, exceeding his authority

Pembrokeshire County Council’s leader exceeded his authority when he approved a £95,000 pay-off to the council’s former chief executive, a report by the authority's deputy monitoring officer has found.
Sep 23, 2021

Council secures anti-harassment injunction in High Court against landlord who waged “deliberately offensive” campaign against councillors, lawyers and other officers

A Deputy High Court judge has granted Ashford Borough Council a final anti-harassment injunction against a large-scale landlord who engaged in a campaign of “repetitive, frequent, oppressive and offensive correspondence”.
Sep 23, 2021

District censures councillor after upholding complaints from senior officers and other councillors

Maldon District Council has warned a councillor who said he wanted to wear its censure letter to him as a hat.
Sep 23, 2021

Leader calls on Government to intervene in council over governance issues

Thanet District Council’s leader has taken the rare step of asking the Government to intervene to resolve its governance problems.
Sep 16, 2021

Senior council officer convicted of ‘phantom employee’ fraud

A former senior council officer who is also a solicitor has been convicted of fraud against Oadby & Wigston District Council and a local cancer charity.
Sep 09, 2021

Welsh council loses appeal over unfair dismissal claims brought by PE teachers affected by school reorganisation

Gwynedd Council has lost a Court of Appeal case over the redundancy of two physical education teachers after a school reorganisation.
Aug 17, 2021

Information watchdog calls for views on employment practices and data protection

The Information Commissioner’s Office has issued a call for views as it looks to update its Employment Practices guidance.
Jul 19, 2021

Senior council officer fails in harassment claim against local blogger

A series of “unpleasant, personally critical publications” by a blogger about a senior local government officer did not found a successful claim for harassment under the Protection from Harassment Act 1997, a High Court judge has ruled.
Jun 29, 2021

Judge allows employment tribunal appeal in case where nurse was fired for not working weekends

A judge has allowed an appeal from a community nurse who claimed unfair dismissal and indirect sex discrimination after being sacked for not agreeing to work weekends.
Jun 04, 2021

“Increasingly complex” disciplinary and grievance proceedings to result in almost £700k rise in estimated legal spend for council, finance director report says

The cost of external legal advice in ongoing disciplinary and grievance proceedings at Thanet District Council has risen from an initial spend of £40,000 to an estimated total cost of between £697,000 and £733,000, a report from the local authority's Director of Finance has revealed.
Jun 01, 2021

Government issues criteria to be considered for public sector severance payments  

HM Treasury has issued guidance detailing the criteria that public sector employers should consider before proposing a “Special Severance Payment”.
May 27, 2021

Senior officers threaten defamation action against councillors over remarks at meeting on staff transfer

Two Bristol councillors have said they face defamation actions from senior council officers over remarks made at a meeting considering a staff reorganisation.
May 18, 2021

New 'Core Code of Ethics' launched for fire and rescue services

A new Core Code of Ethics for fire and rescue services (FRS) has been launched by the Local Government Association, the National Fire Chiefs Council and the Association of Police and Crime Commissioners.
Apr 27, 2021

Civil servants union given green light for judicial review challenge over decision by Prime Minister that Home Secretary did not break Ministerial Code

The First Division Association has been given permission to bring a judicial review challenge over the Prime Minister’s decision that Home Secretary Priti Patel did not break the Ministerial Code in her treatment of civil servants.
Apr 22, 2021

Council leader defends his conduct after public interest report into pay-off of former chief executive

City of York Council’s Leader has been criticised in a public interest report by auditor Mazars over how former chief executive Mary Weastell came to receive a £377,118 pay off.
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Mar 23, 2021

HMCTS rolls out on-site rapid testing at four more courts

HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.
Mar 19, 2021

High Court dismisses £600k+ damages claim brought by ex-employee against council over fundamental dishonesty

A High Court Master has thrown out a £600,000-plus damages claim for personal injury and loss of earnings brought by a former employee of the London Borough of Haringey after she was assaulted by a service user with learning difficulties in a facility operated by the council.
Mar 19, 2021

Supreme Court rules employers do not have to pay care workers national minimum wage for sleep-in shifts

The Supreme Court has dismissed appeals to pay two care workers the National Minimum Wage (NMW) for hours in which they are required to sleep on-site during overnight shifts.
Mar 12, 2021

Supreme Court to rule next week on ‘sleep in’ care workers and national minimum wage

The Supreme Court will next week hand down its ruling on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.
Mar 09, 2021

LLG and ALACE withdraw legal claim after Government commits to revocation of exit payment cap regulations

LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) have confirmed they will be withdrawing their judicial review claim ahead of the revocation of the Restriction of Public Sector Exit Payments Regulations 2020 on 19 March.
Mar 04, 2021

Court of Appeal rejects appeal by ex-magistrate over dismissal for views on adoption by same-sex couple

A magistrate and NHS trust board member who was dismissed over his views - based on his beliefs as a Christian - about the appropriateness of the adoption of a child by a same-sex couple, has lost two cases in the Court of Appeal.
Mar 02, 2021

Administrating authority for Greater Manchester Pension Fund to procure legal advice framework

Tameside Metropolitan Borough Council, the administrating authority for the Greater Manchester Pension Fund, has begun the procurement of a legal advice framework.
Mar 01, 2021

Welsh Government consults on draft Bill putting partnership working on formal footing

The Welsh Government has launched a consultation on a new Bill intended to put partnership working on a formal footing to improve work in Wales.
Feb 22, 2021

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case

The First Division Association has launched a legal challenge to the Prime Minister’s decision that the Home Secretary did not breach the Ministerial Code.

  MORE FEATURES

October 08, 2021

List of issues

Peter Doughty looks at the lessons from a recent Employment Appeal Tribunal judgment around the list of issues.
October 01, 2021

Employment Tribunal cases considering the risks posed by the COVID pandemic

Nick Murrell discusses two non-binding employment tribunal decisions concerning measures to protect pregnant workers during the pandemic and the dismissal of an employee who refuses to obey a management instruction due to COVID-related risks being automatically unfair.
September 30, 2021

Settlement agreements – waiving Personal Injury claims

In the case of Farnham-Oliver v RM Educational Resources LTD, the Queen’s Bench Division of the High Court allowed a Personal Injury claim (“PI claim”) to be pursued by an employee against his former employer despite the parties signing a Settlement Agreement in respect of an Employment Tribunal claim on the same issue. Julie Bann and James Hughes report.
September 17, 2021

Asserting a statutory right

Peter Doughty examines the protection under s.104 Employment Rights 1996 (ERA) afforded to an employee from being dismissed for asserting a statutory right.
September 10, 2021

Mandatory Vaccination for Care Home Workers in England – Update

Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.
September 03, 2021

Staying away from work because of Covid: a trap for employers?

Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.
September 03, 2021

Auxiliary aids and reasonable adjustments: a reminder

Charles Pigott considers the lessons of a recent ruling on the third element of the duty to make adjustments.
August 27, 2021

Long COVID: What is it and how should employers deal with it?

Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.
August 20, 2021

Discrimination claims: the burden of proof

The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims. Hilary Larter, Zoë Wigan and Ceri Fuller examine the ruling.
August 06, 2021

Some other substantial reason

Peter Doughty looks at the lessons to be learned from a recent Inner House Court of Session case on 'some other substantial reason'.
July 29, 2021

IR35 and off-payroll workers

The following LexisNexis Tax practice note, produced in partnership with David Smith of DLA Piper, explains the IR35 regime which applies where either a public authority or a private sector entity engages a worker via an intermediary.
July 26, 2021

Local government pension scheme exit credits

Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
July 23, 2021

Accusations in judgments of misconduct

A social worker has recently been awarded damages by the European Court of Human Rights for unfair accusations of professional misconduct. Charlotte Gilmartin analyses the ruling.
July 23, 2021

Why insisting on flexible hours could discriminate against women

Two recent cases from the Employment Appeal Tribunal illustrate some potential pitfalls when women with childcare responsibilities are asked to move away from fixed working hours, writes Charles Pigott.
July 16, 2021

What next for Special Severance Payments?

Recent Government guidance on Special Severance Payments goes further than before, writes Kerren Daly.
July 16, 2021

Reporting restrictions in end of life cases

Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.
July 02, 2021

No more reward without risk

Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.
July 02, 2021

Gender-critical views are a protected "philosophical belief" under the Equality Act 2010

Jane Fielding and Connie Cliff consider what a recent high-profile ruling on gender-critical views means in practice.
June 25, 2021

New guidance on special severance payments

The Treasury has issued new guidance which relates to 'Special Severance Payments' (SSPs) made by public sector employers to their employees, setting out the criteria that should be considered and steps to take to obtain Treasury approval. Mark Stevens reports.
June 04, 2021

Defining disability for neurodivergent individuals

A recent decision from the Employment Appeal Tribunal involving a worker diagnosed with Asperger’s syndrome offers new guidance on the correct approach to assessing whether workers with neurological impairments are protected by the Equality Act, writes Charles Pigott.
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