Asda workers fight for equal pay, The Bar Standards Board is 'politicising the profession', Data breaches soar in justice system
THE HOT STORY?
Asda workers fight for equal pay
Over 60,000 Asda shop workers have initiated a significant stage in their quest for equal pay, potentially leading to over ￡1.2bn in compensation. An employment tribunal hearing will determine if the predominantly female roles of shop workers are of equal value to the predominantly male warehouse staff, who earn up to ￡3.74 more per hour. Andrew Short KC, representing the GMB union, said Asda’s pay structure places a higher value on jobs done mainly by men and undervalues jobs typically done by women. This, he argues, is “a fundamental flaw.” GMB national officer Nadine Houghton added: “The entire retail sector has been built on the structural undervaluing of women’s work.” The outcome of the case could have far-reaching implications for the retail sector, as similar cases are ongoing across major supermarkets.
INDUSTRY
The Bar Standards Board is 'politicising the profession'
City AM ?
The Bar Standards Board (BSB) has proposed a new professional duty for barristers to actively promote equality, diversity, and inclusion (DEI), replacing the existing core duty of non-discrimination. Andrew Lomas, a barrister at One Essex Court, argues in City AM that this change could lead to confusion regarding compliance and enforcement, saying: "Professional conduct rules . . . should be concrete and of determinate scope." He highlights what he says is a lack of evidence supporting the notion that diversity enhances organisational performance, and warns that the new duty risks politicising the profession and creating a uniformity that undermines the rule of law. He advocates for the BSB to maintain a clear and consistent professional framework for barristers.
LAW
Data breaches soar in justice system
Evening Standard ?
The number of data breaches in the UK justice system has surged to over 10,000, and has been attributed to new digital systems like the Common Platform. The HM Courts and Tribunals Service (HMCTS) reported a rise from 2,682 breaches in 2020/21 to 10,225 between April 2023 and March 2024. While HMCTS accounted for 45% of breaches, 55% were due to third-party errors. A report highlights serious incidents, including the leaking of confidential addresses during legal disputes. HMCTS is implementing IT solutions and training to reduce errors, and is promising to “learn lessons and continually improve our systems.” The rollout of the Common Platform has faced criticism, leading to the retention of the old Digital Case System in part.
LEGAL TECH
A&O Shearman embraces AI for law students
A&O Shearman is offering guidance to law students on the responsible use of AI in their applications. The firm emphasises that AI “shouldn't be a substitute for your voice and capabilities” but can be a “highly effective resource” when used correctly. Students are encouraged to use AI for tasks like formatting CVs and preparing for interviews, while maintaining honesty and integrity in their applications. The firm also advises students to be prepared to discuss their use of AI during interviews. This approach contrasts sharply with the Big Four accountancy firms, such as KPMG and Deloitte, which require applicants to confirm their submissions are AI-free. The Bar Council also mandates that applications for pupillage must be original and unaided by AI tools.
US, UK and European Union members sign first international AI treaty
The first legally binding international AI treaty, known as the AI Convention, has been signed by countries including European Union members, the United States, and Britain. The treaty, which has been in development for years, aims to address the risks associated with AI while promoting responsible innovation. Shabana Mahmood, Britain's justice minister, said: "This Convention is a major step to ensuring that these new technologies can be harnessed without eroding our oldest values, like human rights and the rule of law." The AI Convention focuses on protecting the human rights of individuals affected by AI systems and is distinct from the EU AI Act, which regulates AI within the EU internal market. The Council of Europe, an international organisation with 47 member countries, initiated the framework for this treaty in 2019.
COMMERCIAL LAW
Court rules in favour of businesses in Covid insurance case
Daily Mail ? London Evening Standard ?
The Court of Appeal has upheld a significant ruling regarding insurance claims for business losses linked to the COVID-19 pandemic. The decision, which rejected appeals from insurance firms against a June 2023 High Court ruling, could enable thousands of businesses to seek compensation. The case involved a ￡16m claim from London's ExCel centre. Lawyers say that the ruling allows many businesses previously denied coverage to potentially pursue significant claims. Aaron Le Marquer, head of policyholder disputes at Stewarts, which represented the ExCel centre, said: “This ruling confirms that thousands of businesses affected by the Covid lockdowns who have not yet had a payout from their insurers may now be able to pursue a claim. Many policyholders who were previously denied cover may in fact have significant payments available to them under their insurance policies.” ?
EasyGroup loses trademark battle
The Independent ?
EasyGroup has lost a trademark dispute against easyfundraising, a charity shopping website. The High Court, presided over by Mr Justice Fancourt, dismissed EasyGroup's claims, stating that “it is unlikely that any but a few would make the association and be confused” between the two brands. The judge noted that users of easyfundraising's services are “relatively sophisticated and careful business persons” and unlikely to confuse it with EasyGroup's offerings. EasyGroup alleged that easyfundraising's “poor reputation” could harm its brand, but the court found no similarity in services.
Bank battles Colliers over valuation
Oaknorth Bank, co-founded by former Conservative Party donor Rishi Khosla, is in a legal dispute with Colliers International over a failed ￡11.7m property loan. Oaknorth claims Colliers "overvalued" a 150-year-old department store in Reading, which the bank had financed for redevelopment into apartments and retail stores. Oaknorth argues it would not have provided the loan if Colliers had given an accurate valuation. Colliers denies these claims, accusing Oaknorth of negligence for not conducting its own thorough research on the project. The contested site, Jacksons Corner, was purchased by a developer for ￡6.5m in 2017. Oaknorth specialises in loans up to ￡25m, primarily for UK property developers.
FAMILY LAW
Adoption breakdown leads to payout
BBC News ?
Karen Maguire has received a six-figure out-of-court settlement from South Lanarkshire Council after her adoption of a two-year-old boy broke down due to a lack of support and information. Maguire reported that the child exhibited severe behavioural issues, including self-harming, which she was not informed about prior to the adoption. Legal expert Elizabeth Rose of L&M Medilaw noted that the case was unusual, as it involved insufficient information and support, suggesting a potential challenge to existing legal frameworks.
Grandparents fight for access rights
Daily Mail ?
Lawyer Vanessa Lloyd Platt highlights a significant increase in grandparents seeking legal advice due to being barred from seeing their grandchildren during divorce proceedings. She warns that?the UK currently lags behind other European nations in recognising the importance of grandparent-grandchild relationships. The European Convention, to which Britain is a signatory, recognises the right of every grandchild to have grandparents in their lives.
PROPERTY LAW
Labour's rent reforms shake up market
Daily Mail ? The Daily Telegraph ?
Labour's new Renters Rights Bill introduces significant changes to the rental market, allowing landlords to raise rents only once a year to the market rate. The bill aims to eliminate in-tenancy rent increases and bidding wars, while also banning landlords from refusing housing benefit claimants. Angela Rayner, the Deputy Prime Minister, stated: "There can be no more dither and delay. We must overhaul renting and rebalance the relationship between tenant and landlord." The bill also promises new investigatory powers for councils to penalise unscrupulous landlords, with fines reaching up to ￡7,000. Additionally, the controversial Section 21, or no-fault evictions, will be abolished, potentially leading to longer wait times for landlords to evict tenants. Polly Neate, chief executive of Shelter, welcomed the changes, noting that "Section 21 has haunted renters for years now." The reforms are set to take effect by next summer.
Are property lawyers ready to invest in technology?
Legal Futures reports on research by SearchFlow to find out whether?property lawyers have the appetite to invest in technology. Although many conveyancing firms say they are weighing investment in cutting-edge technology, it is advised in the meantime to maximise the efficiency benefits of existing systems and software. AI is expected to play a key role in analysing and anticipating market changes and is likely to precipitate a culture shift in the UK’s commercial real estate sector.
EMPLOYMENT LAW
Indian nurse wins landmark payout
Daily Mail ?
An Indian nurse who was dismissed by a UK care company has won a payout in a case that lawyers say could encourage other migrant workers to pursue legal claims against unscrupulous bosses. Kirankumar Rathod said he was left in an extremely precarious financial position after London-based Clinica Private Healthcare hired him, but failed to provide him with any employment and then sacked him. Employment judge Natasha Joffe ordered the company to pay Rathod nearly ￡17,000 in unpaid salary to date, and to continue paying his wages until his claim for unfair dismissal is decided. More than 100,000 overseas workers have arrived in the UK to take up employment in the country's care sector since 2022 when a new visa route was opened to help tackle staffing gaps. Critics say reports of labour abuses in the sector have surged since the introduction of the scheme.?"This is very significant," said Rathod's solicitor, Sarmila Bose of the Work Rights Centre. "It shows that redress is possible for the many people who have been wronged by the way the visa scheme has been operated."?
Bolt drivers fight for worker status
The Guardian ?
Drivers for Bolt, represented by law firm?Leigh Day, are contesting their classification as self-employed contractors in a London tribunal, arguing they should be recognised as workers entitled to rights such as holiday pay and the national living wage. Charlotte Pettman, an associate solicitor at Leigh Day, said: "This is one of the biggest cases of its kind in recent years." The case follows a landmark ruling against Uber, which established that drivers are workers. Bolt, which has around 100,000 drivers in the UK, claims that most prefer the flexibility of self-employment.
FIRMS
Law firm boss urges email restraint
Segun Osuntokun, global senior partner at Bryan Cave Leighton Paisner (BCLP), has urged partners to refrain from sending non-urgent emails during weekends, highlighting concerns over excessive workloads. He said: "I know that if I send an email to a team member on a weekend . . . their weekend is going to be impacted severely." Osuntokun emphasised the need to prioritise colleagues' welfare, especially amid rising salaries that may pressure junior staff to overwork. The call for change follows the death of a partner at another firm which has sparked discussions about mental health in the legal profession. The government is proposing new rights for workers to ignore out-of-hours communications, which could lead to fines for businesses that persistently contact employees outside working hours.
Freshfields sets diversity target
Freshfields has announced a new diversity target, with the firm aiming to recruit at least 20% of its trainees from “lower socio-economic backgrounds” during the 2024-2026 recruitment cycles. The initiative aligns with a broader trend among City firms to enhance diversity, with others like A&O, Linklaters, and Simmons & Simmons also implementing similar targets.
CASES
Labour faces first legal challenge to the VAT on school fees
The Sunday Telegraph ? The Times ?
The government's plan to impose VAT on private school fees is facing a legal challenge, with claims the proposal violates human rights law. Lawyers have contacted HM Treasury, arguing that the policy discriminates against children with special educational needs and disabilities (SEND), potentially forcing them out of private education due to increased costs. Paul Conrathe, a senior consultant solicitor at Sinclairslaw, said: "It is remarkable that the government is pressing ahead with this punitive tax that will have a devastating impact upon the education and welfare of children with special needs." The case is being brought on behalf of a single parent and her daughter, and aims to set a legal precedent against Labour's plans.?
Premier League to rewrite rules after 'embarrassing' legal defeat
City A.M. ?
The Premier League is set to reassess its profitability and sustainability rules (PSR) following a significant legal victory for Leicester City. The club successfully challenged a ￡20m breach of spending limits, arguing that the club's accounts were not finalised until after relegation in 2023. Simon Leaf, a leading sports lawyer, said: “The decision of the Appeal Board will come as a significant and indeed embarrassing blow to the Premier League and its Rule Book.” This ruling has exposed a loophole that could allow other clubs to evade penalties, raising concerns about the enforcement of the league's regulations. The Premier League expressed disappointment, emphasising the need for consistent rule enforcement to maintain fairness.
Director at @Arnold Tarling FRICS (trading name for BETA Chartered Surveyors Limited)
2 个月Re Asda shop workers claiming parity with Asda warehouse workers. The female staff are at liberty to apply to work in the warehouse. They choose not to because they prefer to work in the shop. It is easy to get people to work on a shop - ask people “would you prefer to work in supermarket or in the warehouse?” And I have yet to find a female who has replied “the warehouse”. Then ask them “if you would get paid ￡4 more an hour to work in a warehouse would you work in the warehouse?” And to far I’ve always been told “No.” The work is clearly different, most women wouldn’t want to do it even for ￡4 an hour more yet they want the same pay rate! Supply and demand. As a man I would work in the warehouse because the pay is better than work in in the store. Now the pay is equal I will seek employment in the store. Oh dear - no one left to work in the warehouse!