February 2023 employment and discrimination newsletter out now!

Welcome to February's newsletter 

February brings you a bumper issue of the 3PB Employment and discrimination newsletter! The group have been busy analysing and discussing a vast range of cases:

Andrew MacPhail looks at the case of Ellis v Bacon and Advanced Fire Solutions Ltd [2022], in which an appeal was allowed by the EAT against the original Employment Tribunal’s ruling that an employee was discriminated against due to her marital status.

The counsel team for Mrs Brazel in the much publicised Harpur Trust v Brazel case, Mathew Gullick KC, Lachlan Wilson and Naomi Webber reflect on the recent Government consultation paper looking at holiday pay for part-year workers.

Joseph England analyses the Court of Appeal's analysis in Arvunescu that considers what wording is needed to settle a claim not yet issued.

Karen Moss looks at the case Sarah Garrod v Riverstone Management Ltd [2022] and "without prejudice" protection.

3PB Pupil Barrister Emma Greening discusses the case Health & Safety Executive v Mr M Jowett[2022],

and documents from claimant's previous employment with the respondent being  admissible in respect of remedy.

Naomi Webber considers the first case relating to Covid-19 and s.100(1)(d) of the Employment Rights Act 1996 to reach the Court of Appeal,  Rodgers v Leeds Laser Cutting [2022]. The case determines the employers liability in relation to serious and imminent danger claims from an employee during the pandemic.

Finally, Alex Leonhardt considers the Supreme Court’s decision in McCue v Glasgow City Council, a claim against a local authority’s decision to not disregard certain disability-related expenses from a
means-testing assessment.

Pregnant women to get more protection against being made redundant

Labour MP Dan Jarvis's Protection from Redundancy (Pregnancy and Family Leave) Bill was approved last week and is set to become law later this year.

The bill would ensure that firms cannot make women redundant from the moment pregnancy disclosed until the child is 18 months old.

Extra bank holiday announced - what are the implications for employers?

What is the legal position when an extra bank holiday is announced, for example in 2023, to celebrate the King's coronation?

An employer's workforce does not automatically have the right to take the day off.

Majority of hand carwash workers are employed illegally

Research undertaken by Nottingham Trent University reveals that more than 90% of hand carwashes in the UK are employing workers illegally, with only 7% having undertaken right-to-work checks. This comes three years after the government backed a voluntary scheme to tackle abuse in the sector.

Increase in disputes relating  to transgender employees 

Nine cases reached decision stage at employment tribunals during 2021-22, compared with just four during the previous year.

Examples of alleged discrimination includes transphobic comments on social media and transgender employees being harassed for using toilets aligned with their gender.

How risky is it to work with your partner? Discrimination at work due to marital status

Andrew MacPhail looks at the case of Ellis v Bacon and Advanced Fire Solutions Ltd [2022], in which an appeal was allowed by the EAT against the original Employment Tribunal’s ruling that an employee was discriminated against due to her marital status.

Calculating holiday entitlements for part year workers - reflections on the Government Consultation

The counsel team for Mrs Brazel in the much publicised Harpur Trust v Brazel case, Mathew Gullick KC, Lachlan Wilson and Naomi Webber reflect on the recent Government consultation paper looking at holiday pay for part-year workers. 

COT3 terms and new claims: settlement of claims involving a subsidiary company

Joseph England analyses the Court of Appeal's analysis in Arvunescu that considers what wording is needed to settle a claim not yet issued.

Is that letter you wrote covered by "without prejudice" protection?  

Karen Moss looks at the case Sarah Garrod v Riverstone Management Ltd [2022] where an employee’s grievance which was based on bullying, harassment and maternity discrimination constituted an "existing dispute" for the purpose of the "without prejudice" (WP) rule.  

Documents from claimant's previous employment with respondent admissible in respect of remedy 

3PB Pupil Barrister Emma Greening discusses the case Health & Safety Executive v Mr M Jowett[2022], and documents from claimant's previous employment with the respondent being  admissible in respect of remedy.

COVID-19 dismissals: Rodgers v Leeds Laser Cutting 

Naomi Webber considers the first case relating to Covid-19 and s.100(1)(d) of the Employment Rights Act 1996 to reach the Court of Appeal,  Rodgers v Leeds Laser Cutting [2022]. The case determines the
employers liability in relation to serious and imminent danger claims from an employee during the pandemic.   

No claim for insufficiently favourable treatment

Alex Leonhardt considers the Supreme Court’s decision in McCue v Glasgow City Council, a claim against a local authority’s decision to not disregard certain disability-related expenses from a means-testing assessment.

Meet the team

3PB’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.