Failure to make reasonable adjustments to dismissal procedures

If an employer fails to make a reasonable adjustment to its dismissal procedure, in breach of section 20 of the Equality Act 2010, does this necessarily mean that the employer has acted “unreasonably” for the purposes of unfair dismissal? This was the question before the Employment Appeal Tribunal, which answered with an emphatic no, writes Oliver Hirsch. Read more

  NEWS

Jun 24, 2022

Equalities watchdog looks to hire legal services provider to advise on employment law

The Equality and Human Rights Commission is seeking a supplier capable of providing a "high quality and cost effective" service advising on employment law.
Jun 22, 2022

Prior information notice given on multi-provider legal services framework for LGPS

A prior information notice has been issued for a prospective multi-provider, multi-lot framework agreement for the provision of legal services primarily in support of the Local Government Pension Scheme (LGPS).
Jun 16, 2022

Watchdog finds evidence of inequality in treatment of ethnic minority ‘Covid heroes’ working in health and social care during pandemic

Poor data collection by employers in health and social care is legally questionable and may be masking the extent of discrimination against lower-paid workers who have experienced bullying, racism and harassment, an inquiry by the Equality and Human Rights Commission (EHRC) has heard.
Jun 13, 2022

Senior officers - including solicitor - behind ‘phantom employee’ fraud at council and cancer charity given confiscation orders

Two former senior officers at Oadby and Wigston Borough Council convicted of fraud against the local authority and a cancer charity have been issued with Proceeds of Crime Act orders.
Jun 10, 2022

Thanet chief executive steps down in aftermath of Independent Monitoring Officer report

The chief executive of Thanet District Council, Madeline Homer, is to leave the local authority in the aftermath of an Independent Monitoring Officer's (IMO) investigation into divisions at the local authority.
Jun 09, 2022

Local authority chief executive steps down after tweet about Conservative party

A long-serving council chief executive has quit weeks after he issued a derogatory tweet about the Conservative party.
Jun 07, 2022

Welsh Government introduces Social Partnership and Public Procurement (Wales) Bill

The Social Partnership and Public Procurement (Wales) Bill, which is intended to embed the principle of social partnership in the operation of public bodies in Wales, has been laid before the Senedd Cymru.
Jun 01, 2022

Law Society questions need for extra regulation as SRA consults on changes to approach on treatment of work colleagues

The Law Society has questioned the need for additional regulation in its response to a Solicitors Regulation Authority (SRA) consultation on proposed changes to its rules and Codes of Conduct aimed at clarifying the SRA’s approach to issues around appropriate treatment of work colleagues by the individuals and firms it regulates.
May 31, 2022

Police force settles claim brought by nurses over fine for Covid regulation breaches during pay protest

Greater Manchester Police has agreed to settle a claim for compensation brought by two nurses who said the force wrongly handed them a £10,000 fine under Covid regulations for organising a protest in March last year.
May 26, 2022

Council issues s114 notice over unlawful expenditure

Northumberland County Council unlawfully spent money on a healthcare consultancy business and on an allowance for its chief executive, a report by its interim executive director of finance and section 151 officer has concluded.
May 24, 2022

Thanet councillors agree to review constitution and restructure senior management team, following review by independent monitoring officer

Councillors at Thanet District Council have approved the recommendations of its Independent Monitoring Officer (IMO), which include a review of the constitution and a restructuring of the Corporate Management Team (CMT), in an attempt to fix longstanding governance issues the IMO said had resulted in "organisational malaise" and division at the local authority.
May 17, 2022

Government issues statutory guidance on special severance payments by councils in England, saying they should only be made in exceptional cases

The Government has issued statutory guidance on the making and disclosure of Special Severance Payments by local authorities in England.

  FEATURES AND ANALYSIS

June 17, 2022

Time to introduce menstrual leave?

Menstrual leave – a (period) pain for employers or a positive step to keep people who menstruate in the workplace? Emily Addai looks at the benefits and the challenges.
June 10, 2022

COVID-19 and return-to-work refusers

Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.
May 31, 2022

Making special severance payments

The Government has issued statutory guidance on the making and disclosure of Special Severance Payments by local authorities in England. Rena Magdani, David Potter and Paul Bownes examine what it says.
April 05, 2022

The Pathway to the Future – The Road Map for Employment Tribunals

David Leach discusses and outlines the road map of the planned changes for modernising the Tribunals in 2022 and 2023 released by The Presidents of the Employment Tribunals.
March 29, 2022

Trinity Chambers Employment Webinar - Holiday Pay & Interim Relief

Barristers from Trinity Chambers' Employment Law Team cover 'Recent developments in the world of Holiday Pay' and 'Interim Relief: A Practical Guide.'
March 18, 2022

Using LGPS funds to "level up"

Is "levelling up" using LGPS funds just a romantic notion? Martin McFall looks at the Government’s proposals.
Slide background

Sponsored Editorial

  MORE NEWS

May 11, 2022

County council fined £50k over Hand Arm Vibration issues in highways department

Lancashire County Council has been fined £50,000 after several employees carrying out work in its highways department developed Hand-Arm Vibration Syndrome (HAVs).
May 09, 2022

Equalities watchdog issues statement on ‘long Covid’ and disability

The Equality and Human Rights Commission has issued a statement on ‘long Covid’, disability and the Equality Act.
May 09, 2022

City council mulls legal action over protests that prevented waste collection

Coventry City Council is considering "all of its legal and enforcement options" after protestors disrupted a replacement bin collection service last week.
Apr 19, 2022

Teacher wins £850k settlement following classroom assault

A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.
Apr 14, 2022

Council employee who leaked address of sex offender fined

An ex-employee of Hull City Council who disclosed a sex offender's address to a vigilante group has been fined £500.
Apr 14, 2022

Report from barrister warns LGPS board over non-compliance with Sharia law

The Local Government Pension Scheme (LGPS) faces both potential legal actions for equalities over whether or not it complies with Sharia law, and over whether any alternative might create unfairness, it has been reported.
Apr 13, 2022

Senior council staff accused of using furloughed employees on private winery will not face criminal charges, police say

Two ex-senior staff at South Somerset District Council who were alleged to have used furloughed council employees to work on a winery will not face criminal charges, Avon and Somerset Police have announced.
Mar 18, 2022

Government rejects standards watchdog call for power to suspend councillors found in breach of code of conduct, but backs additional protections for monitoring officers

The Government has rejected a recommendation by the Committee on Standards in Public Life (CSPL) that local authorities should be able to suspend councillors without allowances for up to six months for breaches of the code of conduct.
Mar 10, 2022

Commissioners sack chief executive of troubled council for gross misconduct but she vows to “robustly” defend her reputation

The Best Value Intervention Commissioners at Slough Borough Council have summarily dismissed its chief executive, Josie Wragg. for gross misconduct amid a range of claims including that she had failed to provide effective corporate leadership and been reckless in proceeding with a reorganisation.
Feb 24, 2022

North West council defends £4.9m Employment Tribunal claim brought by dismissed chief executive

South Ribble Borough Council was justified in its dismissal of former chief executive Heather McManus, the Employment Tribunal has ruled, according to a council report on the outcome of the case.
Feb 16, 2022

Health Secretary breached public sector equality duty when making senior appointments during pandemic, Divisional Court rules

The Government did not comply with the public sector equality duty when appointing two senior officials to roles as part of its response to the pandemic, the Divisional Court has found.
Feb 15, 2022

Recovery plan to improve governance at Thanet takes shape

The independent monitoring officer appointed at Thanet Council has set out some proposals that may be included in a recovery plan being developed to help the local authority improve its governance.
Feb 10, 2022

Welsh council decides against further action after critical watchdog report on payment to former chief executive

Pembrokeshire County Council is to take no further action on a highly critical audit report into how it came in 2020 to make an unlawful termination payment of £95,000 to chief executive Ian Westley.
Feb 10, 2022

Watchdog criticises governance and oversight arrangements Welsh council had in place for waste company, but acknowledges actions taken by local authority

Blaenau Gwent County Borough Council failed to correctly approve pay and pensions awards to staff and directors of its arm’s-length waste company, the Auditor General for Wales has found.
Feb 08, 2022

Capsticks hires pensions specialist as partner

Law firm Capsticks has appointed public sector pensions specialist Neil Bhan as a partner.
Jan 28, 2022

High Court rejects claim council was vicariously liable after employee on “frolic of her own” leaked social care records

Luton Borough Council was not vicariously liable for the acts of an employee who leaked sensitive data about a woman and her children, in what a High Court judge called a "classic case" of the employee being on a "frolic of her own".
Jan 19, 2022

City council to set up committee to consider action over chief executive after Cabinet Office leaving drinks admission

Sheffield City Council is to set up a cross-party committee to consider what action should be taken in relation to its chief executive, Kate Josephs, after she last week said she was "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 19, 2022

Universities pledge to end use of non-disclosure agreements when dealing with sexual harassment claims

Six universities have signed up to a pledge promising not to use legally binding Non-Disclosure Agreements (NDAs) against students and staff in dealing with complaints of sexual misconduct, bullying, and other forms of harassment.
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.

  MORE FEATURES

March 04, 2022

I can see clearly now… restrictions are gone!

Libby Hubbard outlines some of the issues employers should consider following the lifting of Covid-19 restrictions.
February 25, 2022

Grievances and serial complaints

Can you dismiss an employee who raises serial complaints? Louise Singh and Storm Evans look at the practical implications for employers from a recent case.
February 18, 2022

Will employers still be able to use the practice of ‘fire and rehire’ in 2022?

Christian Grierson and Julie Bann discuss a recent case in which the High Court has granted an injunction preventing Tesco from using the controversial employment practice of ‘fire and rehire’.
February 09, 2022

Witches’ hats, sexist comments, and a £2 million pay-out

Julie Bann and Christian Grierson discuss a case in which a finance specialist has won over £2 million in compensation, after claims of sex discrimination and unequal pay.
February 04, 2022

A case management plea from the EAT

Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.
January 21, 2022

Allowing employees to respond to all allegations

A recent Employment Appeal Tribunal ruling in a case involving a council and an employee who attended a counter-demonstration shows that employers should convey all disciplinary allegations and consider alternatives to dismissal, writes Lindsey Hill.
January 13, 2022

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.
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.
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.
Slide background