Ps. this button will stay put even once you are logged in - but you only need to log in once! Any problems? Email [email protected].
Hello!
Welcome to this months update.
I am forever warning about what are thought to be private communications and the potential implications in terms of any litigation that may arise.
So, please take a moment to look at the WhatsApp case below. Whilst people are entitled to an element of privacy, that is qualified by a duty to disclose relevant documents as part of any litigation, even if that was not expected at the time of the message.
The same case also serves as a warning to those who may be tempted to disclose materials simply in an attempt to try and discredit a witness and demonstrates how that can backfire with potentially serious implications.
So, however tempting it can be at times, always ask yourself the same question: Is it relevant to the actual issues under consideration?
That is just one of the cases in our update this month!
I am sure you will find the others equally as useful.
Happy reading.
Stephen
So, please take a moment to look at the WhatsApp case below. Whilst people are entitled to an element of privacy, that is qualified by a duty to disclose relevant documents as part of any litigation, even if that was not expected at the time of the message.
The same case also serves as a warning to those who may be tempted to disclose materials simply in an attempt to try and discredit a witness and demonstrates how that can backfire with potentially serious implications.
So, however tempting it can be at times, always ask yourself the same question: Is it relevant to the actual issues under consideration?
That is just one of the cases in our update this month!
I am sure you will find the others equally as useful.
Happy reading.
Stephen
arrow_drop_down_circle
Divider Text
New Case Law
Double Jeopardy & Unfair Dismissal
The case of Lyfar-Cisse v Western Sussex University Hospitals NHS Trust involves the unusual move of re-opening a disciplinary matter relating to race.
Marriage Discrimination
This case shines a spotlight on less favourable treatment and it's association to a protected characteristic. The EAT were critical of the employers behaviour in Ellis v Bacon and had a difficult decision to make.
Privacy - WhatsApp Messages in Tribunal
This case raises a number of interesting questions, such as what right does an employer have to private data, and on what basis does it justify the retention of such data? One not to miss...
Disability Discrimination
In the case of McAllister v HMRC, the EAT considered a case where an employee was dismissed for disability-related absence after 245 days’ absence, over 23 occasions, within a two-year period.
Knowledge of Disability
The EAT has adjudicated this month on a disability discrimination claim which homed in on the importance of the employer’s knowledge of disability in discrimination claims. Here's the latest on Preston v E.on Energy Solutions.
Holiday Entitlement for Part year/Irregular hours workers
The latest on the high profile case of Harpur Trust v Brazel.
Compensation - Discrimination
This case will come as a welcome relief to employers, showing that an employer is entitled to challenge an employee’s compensation claim robustly even when there has been a finding of discrimination.
Read Jowett v HSE below.
Read Jowett v HSE below.
arrow_drop_down_circle
Divider Text
In the News
McDonalds Signs a Legal Agreement with EHRC
This is a legally binding agreement that, amongst other things, McDonald’s agrees to communicate a zero-tolerance approach to sexual harassment and implement anti-harassment training to all of its employees.
Proactively Preventing Harassment
The Government have announced plans for new sexual harassment legislation. We have just put together this quick reference guide for HR teams and employers which is designed to help you 'keep your finger on the pulse' of the legal changes afoot, as well as give you the tools and ideas to proactively prevent harassment in the workplace.
8 Cases to Keep an Eye on in 2023
- Protection from Redundancy (Pregnancy and Family Leave) Bill and Carer's Leave Bill
- Workers (Predictable Terms and Conditions) Bill
- Worker Protection (Amendment of Equality Act 2010) Bill
- Neonatal Care (Leave and Pay) Bill
- Employment Relations (Flexible Working) Bill
- Carer’s Leave Bill
- Retained EU Law (Revocation and Reform) Bill
- Employment (Allocation of Tips) Bill
Details regarding the above will be explained further during our spring Employment Law Updates.
If you are a client and have not already booked a time for your Employment Law Update, please drop us a line.
If you aren't a client but would like to discuss the possibility of one of our lawyers delivering a bespoke update to you and your team, please contact us here.
arrow_drop_down_circle
Divider Text
Events & Resources
Mock Tribunals are back
for 2023! Secure your place now.
for 2023! Secure your place now.
Back by popular demand!
We have 1 remaining date in the diary and a new claim of discrimination.
With your help, the Judge will make a decision based on the evidence – has there been direct discrimination and/or a constructive dismissal based on Jude’s transitioning?
Secure your space now!
We have 1 remaining date in the diary and a new claim of discrimination.
With your help, the Judge will make a decision based on the evidence – has there been direct discrimination and/or a constructive dismissal based on Jude’s transitioning?
Secure your space now!
Gender Inclusivity Guide
Lately we've been helping our clients to build their teams knowledge and confidence in handling non-binary and transgender-associated matters.
As a result, we’ve produced a quick fire ‘Gender Inclusivity Guide’ that does a great job in breaking this big topic down into bite-sized chunks.
The guide is designed to help your team(s) describe common terms associated with non-binary and transgender, and have non-binary and transgender related conversations confidently and respectfully.
As a result, we’ve produced a quick fire ‘Gender Inclusivity Guide’ that does a great job in breaking this big topic down into bite-sized chunks.
The guide is designed to help your team(s) describe common terms associated with non-binary and transgender, and have non-binary and transgender related conversations confidently and respectfully.
NEW DATES RELEASED: Mock Investigations 2023
Do the words ‘we’ll need you to do an investigation’ fill your managers with dread?
Are investigations in your organisation time consuming, unstructured and stressful?
This Mock Investigation workshop delves into a true-to-life case study that we know you’ll relate to. We’ll be putting our tried and tested techniques for planning and conducting an investigation through their paces together, live during the session. Book your free place now!
Are investigations in your organisation time consuming, unstructured and stressful?
This Mock Investigation workshop delves into a true-to-life case study that we know you’ll relate to. We’ll be putting our tried and tested techniques for planning and conducting an investigation through their paces together, live during the session. Book your free place now!
© 2023 | Privacy Policy