The (relatively) new President of the EAT, Mr Justice Underhill, has usefully laid down guidance on harrassment provisions, in the case of Richmond Pharmacology v. Dhaliwal [2009] UKEAT. Until 2003 harassment didn’t exist as a discrete statutory claim, meaning that the courts had to adapt the normal provisions on detriments in employment to cover harassing behaviour. [...]
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Unlike many areas of the justice system (read: the hideously understaffed County Courts) I’ve never had a problem dealing with the Tribunals Service. There seems to be an appropriate staffing level, you can get a fax looked at by a Judge and a response sent out the same day if it’s urgent, and there’s none [...] There’s an interesting Comment Is Free piece on this issue, which is worth a read, although it poses more questions than it answers. Mark Vernon makes the interesting point that routinely bumping into people whose views are diametrically opposed to your own is a new phenomenon giving rise to new conflicts. Most people used to [...] I have been emailed the details for the following conference, which may be of interest to some. The topic of Equality, Diversity and Inclusion in times of crisis will be of particular pertinence given the Business Secretary’s recent announcement that new legislation which might create additional burdens for business will be reviewed. EOI 2009 [...] There has been much outcry over whether or not bank employees will receive their bonuses this year, especially those at bailed-out Royal Bank of Scotland and Lloyds TSB. The government claims it is intending to halt almost all “discretionary bonuses” but must still pay bonuses to those who have a cast-iron contractual claim to them. [...] One of my colleagues in chambers had a case recently where the employer claimed to have completed and issued a proforma written warning in mid-2007. The employee claimed never to have seen the document before the tribunal proceedings. So how wonderful to arrive at the hearing of the claim, get the original document in the employer’s [...] The report is cautiously welcomed by all sides, since although it identifies that there were no breaches of the legislation it sympathises with the problems caused. Link to the report Its conclusions: The Acas inquiry found no evidence that Total, Jacobs Engineering or IREM have broken the law with regard to the use of posted workers or entered [...] Off topic, but I’m astounded by Spotify – all the music from most major labels streamed immediately, at no cost, and legally, to your desktop. Try it out while it still exists! https://www.spotify.com/en/ I have recorded another podcast with esteemed blawger Charon QC. We cover: Redundancy generally given the downturn, collective consultation and the impact on law firms; Listen to the podcast here. The first item on this week’s Law in Action on Radio 4 is about the perceived conflict between the legal protections against religious discrimination and sexual orientation. It features Amanda Ariss of the Equality Rights Forum, Joanne Owers of the Employment Lawyers Association and Michael Phillips from the Christian Legal Centre. Unfortunately the segment is [...] |
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