FOI and Subject Access Request Misconduct

The FOI Man blog has reported on the first prosecution by the Information Commissioner (ICO) under section 77 of the Freedom of Information Act 2000. This provides that where a public authority has received a request for information it is a criminal offence for a person to alter that information with intent to prevent disclosure. … Continue reading FOI and Subject Access Request Misconduct

Sir Philip Rutnam and Constructive Dismissal

The FDA union has been busy recently. A couple of weeks ago it was reported that the union were supporting Sonia Khan in an unfair dismissal case arising from her sacking as a special adviser. Having read the basics of that case then, without making any comment on the underlying substantive reasons I think I … Continue reading Sir Philip Rutnam and Constructive Dismissal

Arising in consequence

For disabled employees the Equality Act 2010 sets out seven different types of discrimination. Of all the these it is the concept of discrimination arising from disability that I have found to be most useful when assisting employee in workplace disputes. I have discussed this before on the blog (see here and here)  but, by … Continue reading Arising in consequence

Attribution of Knowledge in Unfair Dismissal

Last week I concluded my series on the Supreme Court's decision in Jhuti. In the last post  I raised a question of whether Jhuti applied if a person in the hierarchy of responsibility had knowledge which the dismissing manager did not have that did not change the reason for dismissal but was a factor that could … Continue reading Attribution of Knowledge in Unfair Dismissal

The Mind of the Decider (3): Problem Solved?

In the previous two posts (here and here) I summarised the effect of the Orr judgement on the fairness of dismissals and how the the effect of Orr on how an employment tribunal will determine the reason for dismissal has been tweaked by the Supreme Court's decision late last year in Jhuti. I think 'tweak' is the right term, … Continue reading The Mind of the Decider (3): Problem Solved?

Disability needs to be ‘long term’ at the time of mistreatment

The question of whether an employee can successfully challenge an employer for disability discrimination will depend on the employee being determined to be disabled at relevant time. Therefore, if an employee is dismissed of 1 April but an Employment Tribunal determines that the employee only became disabled on 14 April there will be no disability … Continue reading Disability needs to be ‘long term’ at the time of mistreatment

Policing of Union Protests: Independent Enforcers of the Peace or Employer Stooge?

Some of the abiding images of past industrial disputes are of large confrontations of police and striking miners, and some three decades on questions are still being asked about the the violent conduct of Police at Orgreave. To a large, but by no means complete extent, the Police's approach to striking workers in the UK in … Continue reading Policing of Union Protests: Independent Enforcers of the Peace or Employer Stooge?

Unite improperly pursued disciplinary against union member

A decision issued by the Employment Appeal Tribunal yesterday declared that Alec McFadden, a Unite union member and representative was unlawfully disciplined by his union. The original disciplinary proceedings gathered some media coverage in the Liverpool Echo.  A trade union has the right to discipline its members if a member breaches a rule of the … Continue reading Unite improperly pursued disciplinary against union member

Lying employer shifts burden of proof in discrimination claim.

I have been tempted in the past to establish a 'hall of shame' feature on the blog to highlight the depths some employers will go in their treatment of employees based on public decisions of their conduct in caselaw. If I were ever to do so Base Childrenswear Ltd would surely stake a claim for … Continue reading Lying employer shifts burden of proof in discrimination claim.

PCS members re-elect Mark Serwotka as General Secretary

At midday today the ballot of union members for PCS Union's General Secretary election closed. I am pleased to say that votes have now been counted and the results have been published with the declaration that Mark Serwotka, the incumbent, has been re-elected as the union's General Secretary for a five year term. With the … Continue reading PCS members re-elect Mark Serwotka as General Secretary

Recruitment agency discriminates against Sikh job applicant – how indirect discrimination works

The Central London Employment Tribunal have recently found in Sethi v Elements Personnel Service Ltd that a recruitment agency indirectly discriminated against Mr Sethi  for reasons related to his religion. Mr Sethi is an adherent of the Sikh faith. Reading the judgment it is abundantly clear why that decision was made, it is one of … Continue reading Recruitment agency discriminates against Sikh job applicant – how indirect discrimination works

Whirlpool workers secure 13.75% pay rise after threat of strike action

Workers in the Whirpool factory in Bristol have just secured a 13.75% payrise as the company gave into demands from Unite union in advance of a planned strike on 12 December. Prior to the threat of strike action Whirlpool had only been willing to offer a 1.25% raise for workers who were already low paid. … Continue reading Whirlpool workers secure 13.75% pay rise after threat of strike action

The mind of the decider (2): The effect of Jhuti

The Supreme Court's long awaited decision in Jhuti has now been delivered which is one all employee reps would do well to be aware of. The legal issue which the judgement addresses was surveyed a few weeks ago in which I expressed hope that the Court of Appeal's decision in Orr would be overruled. To recap, under … Continue reading The mind of the decider (2): The effect of Jhuti

Fixed term employee dismissals

If the Fixed Term Worker Directive, the EU law that provides for employment protection for fixed term workers, is to be believed "contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." I have to say I have some scepticism of that statement and … Continue reading Fixed term employee dismissals

UK academics declare Labour’s employment law reforms offer “a credible plan of action.”

Over 50 employment Law specialists in the UK have written a open letter on the Labour Party's employment law plans, which offer the most comprehensive extension of employment protections for workers in living memory,  to be "a credible plan of action." The full text of the letter, published on 6 December 2019, reads: "Britain’s labour … Continue reading UK academics declare Labour’s employment law reforms offer “a credible plan of action.”

The return of Efobi? The burden of proof in discrimination claims.

In February I made reference to the unfortunate decision of the Court of Appeal in Royal Mail Group Ltd v Efobi [2019] IRLR 352 to overturn the Employment Appeal Tribunal's earlier interpretation of section 136 of the Equality Act 2010 that made it easier decision to establish that the burden of proof at which a … Continue reading The return of Efobi? The burden of proof in discrimination claims.

PCS union launches legal action against Home Office over check-off removal

Earlier this year PCS successfully concluded a protracted indirect discrimination legal claim on behalf of members. That claim, which that went all the way to the Supreme Court, resulted in more than £1 million compensation being awarded to members within the department who alleged they had been discriminated against. It has just been announced that … Continue reading PCS union launches legal action against Home Office over check-off removal

On Labour Manifesto Commitments and Hash Brown Related Dismissals

Section 94 of the Employment Rights Act 1996, if read in isolation, gives a very valuable right to all employees - the right not to be unfairly dismissed. However, by a series of qualifications what sounds a universal right is in fact only of benefit to a smaller percentage of employees. The Labour Party Manifesto … Continue reading On Labour Manifesto Commitments and Hash Brown Related Dismissals

IWGB secure important judgment on TUPE and Workers

For union representatives in PCS, which has a majority membership of civil servants, there is limited need to be aware of the protections provided by the Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE as it is more commonly called. But for union representatives more generally this is a key area upon which … Continue reading IWGB secure important judgment on TUPE and Workers

The Mind of the Decider (1): The case of Orr

In 2005 Mr Orr, a Black Jamaican youth worker, was dismissed by Milton Keynes Council for misconduct. He was dismissed by a Mr Cove who heard the case against Mr Orr, and at which Mr Orr was not present. Mr Cove conducted the disciplinary hearing in good faith and, as noted, this resulted in Mr … Continue reading The Mind of the Decider (1): The case of Orr