Employment and discrimination newsletter out now - March 2021
2nd March 2021
 Welcome to March's newsletterIn our latest edition we bring you employment law news on unwarranted media criticism of the ET system and revocation of the Public Sector Exit Payment Cap together with our latest webinar. Our team has analysed key employment law cases in written form, including the Uber case. Finally, we invite you to register for our employment law webinar of 21 April.  Media criticism of the ET system receives backlash from employment law communityJoseph England examines the employment law community's response to inaccurate criticisms of the Employment Tribunal system in the media. Public Sector Exit Payment Cap RevokedOn 12 February 2021 the Government announced that the Public Sector Exit Payments Regulations 2020 are to be revoked. The Regulations imposed a £95,000 cap on public sector exit payments and had been introduced just a few months earlier in November 2020 before now being abandoned. A webinar on preparation hurdles and procedural pitfallsGrace Boorer and Naomi Webber presented on this important topic during our February webinar.   Craig Ludlow on the Uber caseCraig Ludlow analyses the Supreme Court’s judgment in Uber and examines its likely potential scope and impact on the issue of employment status in the future. Joseph England takes a closer look at s.109(4) EA 2010 as a statutory defence for discriminationIn this article, Joseph explores the judgment in Allay (UK) Limited v Gehlen, in which the employer used s.109(4) Equality Act 2010 as a statutory defence, and outlines the meaning of ‘’all reasonable steps’’, which is must-read for all employment lawyers. An erroneous decision to extend time under s.123(1)(b) Equality ActKaren Moss appears for the successful appellant in the EAT in Leeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA. Protected acts: beware a cautious approachThose who are cautious in their language when alleging discrimination can risk losing protection. Andrew Macphail analyses Mrs l Chalmers v Airpoint Ltd & Others UKEATS/0031/19/SS. Pregnant then screwed?Naomi Webber analyses R (On the application of Motherhood Plan & Anor) v HM Treasury & Anor in which the High Court has rejected a judicial review challenge that the Chancellor's Self-Employed Income Support Scheme failed to comply with the public sector equality duty and was indirectly discriminatory against women who had recently taken maternity leave. “Lost years claims”: a rare re-opening following determination on damagesGrace Nicholls reviews Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited, a case in which an appeal into a final determinations of damages decision was allowed in order to avoid real injustice.  21 April employment law webinarOur next live webinar will take place on Wednesday 21 April at 11am. Please register to book your place.  Meet the team3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.    |
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