Asda workers fight for equal pay, Managers support improved workers’ rights, Firms concerned over workers’ rights plan

THE HOT STORY

Asda workers fight for equal pay

BBC News ? The Times ? City AM ? The Guardian ? Daily Mail ?

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.

EMPLOYMENT LAW

Managers support improved workers’ rights

City AM ?

Most employers support government plans to strengthen workers’ rights, according to research from Institute for Public Policy Research (IPPR) think-tank, the Trades Union Congress (TUC) and Persuasion UK. A survey of 1,000 managers suggests that more than two-thirds believe the rights of workers should be improved. The poll suggests that stronger employment rights could boost productivity and improve profitability, while also having a positive impact on employee health and staff retention. TUC general secretary Paul Nowak said: “This polling shows there is large-scale support for boosting workers’ rights among company managers and decision-makers,” while Dr George Dibb, associate director for economic policy at IPPR, said: “We know that having a happy, healthy, motivated and productive workforce is good for employees, but it’s also fundamental for the bottom line of a business.”

Firms concerned over workers’ rights plan

City AM ?

A poll from the Institute of Directors (IoD) suggests that firms are concerned about the potential impact of the government’s workers’ rights package. Fifty-seven per cent of business leaders say they will be less likely to hire as a result of Labour’s workers’ rights package, while just 2% say it would make them more likely to hire. The proposed package, which ministers say is “unashamedly pro-worker and pro-business,” will ban “exploitative” zero hours contracts and give workers day-one employment rights. Meanwhile, the Low Pay Commission expects to increase the national living wage to ￡12.10 from April next year, an increase of 5.8%. Alexandra Hall-Chen, principal policy advisor for employment at the IoD, said the combined impact of the workers rights’ package and a higher minimum wage would be “considerable disincentives” for employers to hire. Federation of Small Businesses (FSB) analysis shows that 64% of small firms adopted more risk-averse recruitment practices after the minimum wage rose in April. Tina McKenzie, policy chair at the FSB, said: “With the National Living Wage set to rise, it’s vital that small firms have the support they need to reduce the pressure that higher wage costs will put on their finances.”

Reform of employment tribunals will give staff new rights

The Times ? Daily Mail ?

Ministers are considering significant reforms to employment tribunals, including allowing workers to bring claims against employers if they have been made to work more than the maximum 48 hours permitted under the European working time directive. The proposed changes, part of Labour's plans for workers' rights, aim to provide employees with rights from day one, including sick pay and parental leave. Jonathan Reynolds, the business secretary, is negotiating details with industry representatives to address concerns about the potentially chilling effect on businesses. Craig Beaumont, of the Federation of Small Businesses, warned: "Fear of getting sued is one of the most stressful aspects of running a business. Wherever possible, proceedings should be swift, fair, and easy for all parties.” The reforms will also extend the time limit for bringing claims from three to six months and allow breach-of-contract claims for working conditions.

Over-50s will lose out in flexible working push, pensions giant warns

The Daily Telegraph ?

Research suggests older workers are at risk of being left behind in the government's flexible working push, as younger employees dominate conversations about adjusting work patterns. A survey by Phoenix Group reveals that just 24% of workers over 55 have discussed flexible working with their managers since the right to request changes began in April. In contrast, 54% of employees aged 18 to 34 have engaged in such discussions. While flexible work is particularly valuable to older employees, especially those with caregiving duties, concerns have been raised that they are not benefiting equally from the new rights. Sara Thompson from Phoenix warned that older workers are being overlooked. Meanwhile, James Reed, CEO of recruitment group Reed, pointed out that concerns about new regulations, including "day one" workers' rights, are causing hesitation in hiring. He said employer confidence "has taken a knock," with interest rates remaining high and regulatory changes looming. Last month saw 117,500 job vacancies advertised through Reed, a drop of 28% compared with the 163,900 posted in August of last year.

Starmer: Bosses 'do not want to ditch rights'

The I ? Daily Mail ?

Sir Keir Starmer has defended his approach to employment rights, saying that business leaders are not seeking to "rip up employee rights." During his address at the TUC Congress, Starmer emphasised a "mood of change" in the business sector, saying: "They want fair taxes, high skills and the long-term stability to invest." Despite warnings from the Institute of Directors that the government's proposed legislation could deter hiring, the PM insists he remains committed to fostering a new partnership between government, business, and workers.?Sir Keir told the TUC: “This government will not risk its mandate for economic stability, under any circumstances.”

Ministers to meet SMEs over workers' rights reforms

Sky News ?

Executives from the British Chambers of Commerce and Federation of Small Businesses are set to meet with Jonathan Reynolds, the Business Secretary, and Deputy Prime Minister Angela Rayner at Downing Street. The meeting follows a previous roundtable with larger employers and aims to address concerns regarding the government's proposed reforms to workers' rights, including a 'right to switch off' and a ban on zero-hours contracts.

Legal defeat for Tesco over 'fire and rehire'

Reuters ?

The Supreme Court has ruled that?Tesco was not entitled to terminate some worker contracts before offering to rehire them on less favourable terms. The "fire and rehire" case was brought by shopworkers' union Usdaw, after the supermarket group sought to remove some warehouse workers' entitlement to increased pay by ending their contracts and offering to re-engage them.

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.

Deliveroo accused of underpaying drivers

The Observer ?

Deliveroo has been accused of paying drivers below the minimum rate of ￡12 an hour agreed with the GMB union. Analysis carried out by Rodeo, an app that helps gig economy workers track their payments, found that of 531 food orders completed in the past four months, 278 fell below the rate agreed in May. Rodeo co-founder Alfie Pearce-Higgins said: “We have looked at a small sample of Deliveroo’s total deliveries . . . and found hundreds of examples that are below the supposed pay floor.” A Deliveroo spokesperson said: “We guarantee all riders earn at least ￡12 an hour while completing a delivery and the majority earn far more than this. This is audited annually to ensure compliance with this policy.”

Campaigners call for Afro hair to be a protected characteristic in Equality Act

Sky News ? BBC News ? Daily Telegraph ? Daily Mail ?

Campaigners are urging the government to amend the 2010 Equality Act to include Afro hair as a protected characteristic, in a bid to combat discrimination in schools and workplaces. The World Afro Day (WAD) group, supported by over 100 public figures, highlights that while race is protected, individuals with natural Afro hair still face unfair treatment. Labour MP Paulette Hamilton shared her personal struggles with her natural hair, saying: “I’d wear wigs, I’d have perms . . . because that’s what people said I had to do.” WAD founder Michelle De Leon emphasised the psychological impact of hair discrimination, noting that many people of colour feel pressured to conform to straight hair standards before job interviews. The campaign says it seeks to empower individuals to embrace their natural hair and promote equality in the workplace.

Teaching union calls for paid leave for workers who experience miscarriage

The i ? Mirror.co.uk ?

The NASUWT teaching union has called for action on the issue of paid leave for workers who experience miscarriages, urging the government to legislate for paid time off and address the lack of statutory entitlement for those who miscarry before the 24-week mark. General secretary Dr Patrick Roach told the TUC Congress in Brighton that miscarriage, which is believed to end around one in five pregnancies, "comes with huge emotional, and often physical, implications," while workers "have to rely on the goodwill of their employer if they need time off after experiencing a miscarriage."

Number of farm workers seeking help doubles

The Guardian ?

The Worker Support Centre, which supports seasonal workers, has said the number of people coming to it for help with dismissal issues in June and July this year was more than double the number seen in the same period in 2023. It was approached by 47 people between June and July, compared with 22 last year. The organisation, which said it is seeing “more daily contacts for assistance than at any other point in the history of our service,” notes that 12 workers described being sacked after raising complaints. Issues have been attributed, in part, to challenges faced by farms trying to stay profitable and new laws guaranteeing minimum hours.

BT and Aviva back UK plan to report ethnicity pay gap

Financial Times ?

A number of leading UK companies are supporting a government plan to make ethnicity pay gap reporting mandatory for large employers as part of efforts to tackle workplace inequality.

DIVERSITY, EQUITY & INCLUSION

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.

CASES

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."?

Met officer sacked over antisemitic comments

BBC News ?

An officer in the Metropolitan Police has been dismissed for using antisemitic language at work. PC Morgan Griffiths, a ward officer based in Dagenham in east London, was found to have committed gross misconduct, the Met said. A hearing found that Griffiths' conduct had fallen below the standards of professional behaviour expected from police officers. The incident happened in February when Griffiths was talking to a colleague at work in east London. Describing the circumstances, Insp Scott Didham of the Met’s Directorate of Professional Standards (DPS) said Griffiths "used entirely inappropriate, antisemitic language," adding "This was witnessed and challenged by other officers, and a complaint was made resulting in a DPS investigation. My colleagues and I are working tirelessly to hold officers to account for this sort of behaviour. Nobody in the Met should be in any doubt as to the consequences if they are found to have behaved in a discriminatory way."

University lecturer wins more than ￡70,000 for unfair dismissal

The Times ?

A university lecturer who was made redundant after becoming involved in a row over 'decolonising the curriculum' by abandoning the study of Chaucer has won more than ￡70,000 for unfair dismissal. The employment tribunal found that while there was no evidence supporting? Dr Anne Marie D'Arcy's claims about the curriculum changes, the University of Leicester failed in its redundancy process. D'Arcy, who was said to have an "excellent" reputation in her field, suffered mental health issues due to the situation, leading to her dismissal in 2021. The?tribunal?ruled D'Arcy's dismissal was an effect "of the university disowning the responsibility of deciding who to dismiss and instead passing the responsibility to the employees at risk to take steps to retain their?employment.?That is not the action of a reasonable?employer.?"

Manager wins ￡350,000 from firm in pregnancy row

Daily Express ? Daily Mail ? The Times ?

A former account manager at Mitie has had her damages payout increased to over ￡350,000 after the company was found guilty of pregnancy discrimination. Initially awarded ￡37,000, the tribunal ruled that Nicola Hinds' concerns about her workload were dismissed as "hormonal." Judge Roger Tynan noted that Hinds experienced "suicidal ideation" due to the treatment she received upon returning to work after maternity leave. Hinds, who represented herself, condemned Mitie's "wholly despicable treatment" and highlighted the company's failure to uphold its commitment against maternity discrimination. Joeli Brearley, founder of Pregnant Then Screwed, said that the ruling sends a "very loud message" to companies about the treatment of pregnant employees.

YMCA worker disciplined for printer overuse wins payout

Daily Mail ? The Times ?

A night manager at a YMCA branch in west London has been awarded approximately ￡22,750 after being disciplined for excessive use of printer paper.?Abimbola Idowu was reprimanded for spending ￡120 on printing 750 pages of past exam questions for her son, which was deemed an "abuse" of resources. Following her dismissal, she claimed she was "targeted" and treated "like a criminal." The employment tribunal ruled that the investigation into her grievances was inadequate, with Judge Lorna Findlay saying that YMCA managers focused on the disciplinary action rather than the substance of Idowu's complaints. Idowu had worked at the YMCA since 2015 and argued that her actions were not malicious, citing the pandemic's impact on access to printing resources.

Council apologises for racial discrimination

BBC News ?

Mazar Dad, a former senior manager at Redfern Waste Management Depot, has received an apology from Birmingham City Council after an employment tribunal ruled he was racially discriminated against. Dad, who is of Pakistani heritage, was suspended for enforcing a new policy requiring staff to sign for personal protective equipment (PPE). He claimed he was treated differently than his white colleagues, leading him to file a grievance. The tribunal found in his favour, confirming that he faced discrimination based on his race. Graeme Betts, the council's acting chief executive, said: “On behalf of the council, I apologise to Mazar for his treatment,” and confirmed that compensation would be paid to him.

Teacher 'bitterly disappointed' at losing tribunal

BBC News ?

A former housemistress has said she is bitterly disappointed after losing an employment tribunal against a top boarding school. Aldona Done, a maths teacher who was also responsible for 80 girl boarders at Ellesmere College, Shropshire, accused bosses of "gaslighting" her after she raised concerns about pupil safety and working practices. Mrs Done made a series of allegations against college management including harassment and discrimination related to her anxiety disorder. Employment judge Rachel Wedderspoon said the claims made by Mrs Done were not well founded and were dismissed.

Watchdog orders review of handling of misconduct claims

BBC News ?

The General Teaching Council for Scotland (GTCS) has commissioned a review of its handling of misconduct allegations, following a rise in the number of open cases from 166 in March 2020 to 203 this July, with the longest-running case having been open for seven years and 10 months as of July. The Professional Standards Authority for Health and Social Care has been brought in to review the GTCS's fitness to teach process. The BBC notes that the regulator does not investigate all complaints it received, with those complaints being assessed against a "threshold" policy to determine if the allegations have a bearing on the individual's fitness to teach. The majority of complaints are handled by teachers' employers, generally local authorities.

Record dismissals at HMRC

The Daily Telegraph ?

Dismissals for gross misconduct at HMRC have reached a five-year high, with 179 workers having their employment terminated in 2023, marking a 43% increase since 2020. The total, obtained through a Freedom of Information Act request, marks the highest recorded in at least five years. Additionally, the Department for Work and Pensions reported 190 dismissals for gross misconduct in 2023/24, accounting for 40% of all terminations, although this is a decrease from the 221 seen in 2022. Steve Sweetlove from consulting adviser RSM observed: "An uptick in dismissals for gross misconduct could be seen as a troubling trend but it may highlight that a firmer stance is being taken by HMRC in staff disciplinary matters." An HMRC spokesman said: "We take all allegations seriously to ensure we work in an inclusive environment that is friendly, tolerant and respectful."

Civil servant with germ phobia sues bosses over right to WFH

Daily Mail ?

John-Paul Pryce, a civil servant with a long-standing fear of germs, has successfully completed the first stage of an employment tribunal case against his employer. After being allowed to work from home during the pandemic, his request to continue doing so due to his phobia was denied in 2022. Judge James Hendry ruled that Pryce’s symptoms qualify as a disability under equality laws, but found his case lacked strong medical evidence. A further hearing is scheduled, and Pryce has been advised to seek counselling.

Ex-law chief faces sex harassment claims

The Times ?

Navjot "Jo" Sidhu, a former chair of the Criminal Bar Association, is facing multiple sexual harassment allegations from at least four young lawyers. The complaints were submitted through the Bar Council's online hotline, Talk to Spot, which allows barristers to report inappropriate behaviour. Following the complaints, the Bar Standards Board has taken over the investigation, and Sidhu has been removed from the list of lawyers at No 5 chambers. Although Sidhu was previously considered for the role of director of public prosecutions, he now faces a disciplinary tribunal that will assess the claims of professional misconduct. The Bar Council is also conducting research into bullying and harassment in the profession, revealing that 44% of respondents reported experiencing or witnessing such behaviour in the past two years.

Barrister accused of groping colleague

The Daily Telegraph ?

James O'Leary, a senior barrister at One Essex Court, faces allegations of groping a junior colleague during a work dinner in December 2022. The Bar Standards Board (BSB) claims he stroked the leg of a legal assistant, referred to as Person A, without consent. Person A described the incident as "extremely traumatising," stating that she has struggled to sleep and work since. O'Leary, who has been a barrister for 17 years, denies the allegations, asserting that any contact was consensual and initiated by Person A.

City lawyer cleared of racism after fist-bumping black colleague

Legalcheek ?

A senior partner at London-listed legal services group RBG Holdings has been cleared of racial discrimination by an employment tribunal following a fist-bump greeting to a new partner of African-Caribbean heritage. Employment judge Emma Burns described the gesture as a “misjudgment” and “insensitive,” but not unlawful. Noel Deans claimed the greeting given by Ian Rosenblatt was less warm than those given to white colleagues. The tribunal also addressed a 2018 incident involving the firm's former chief executive Nicola Foulston, who allegedly used a racial slur.

WORKPLACE

Law firm boss urges email restraint

The Daily Telegraph ?

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.

UK workers missed out on ￡2bn in holiday pay last year, TUC says

London Evening Standard ? Mirror.co.uk ? The Independent UK ?

According to a report by the Trades Union Congress (TUC), over 1.1 million workers in the UK missed out on their entitled holiday pay last year, amounting to an overall ￡2bn. TUC general secretary Paul Nowak said: “We all deserve a break from work to spend time off with our friends and family,” highlighting the unfair treatment many employees face. The report reveals that black and minority ethnic (BME) staff were particularly affected, with 6% not receiving any paid holiday, compared to 4% of white employees. Low-paid workers, such as waiters and care workers, were most at risk of losing their holiday entitlements. The TUC is advocating for better enforcement of employment rights and supports Labour's plans for a Fair Work Agency to protect workers from exploitation.

British Airways apologises after staff member wore Palestine flag badge

Daily Telegraph ?

British Airways has issued an apology after a staff member was spotted wearing a Palestinian flag badge shaped like a black power fist while on duty at Gatwick Airport. A passenger complained, prompting BA to respond that it is "proud of our uniform and of the diversity of the staff who wear it," referring to the badge as a “symbol of faith.” However, following a complaint from UK Lawyers For Israel (UKLFI), which warned that such political symbols could breach equality and anti-harassment laws, BA acknowledged errors in its initial response. Caroline Turner, director of UKLFI, said: “It should be obvious to airport managers if one of the staff is sporting an unauthorised Palestine flag or other political badge.” BA confirmed that its uniform policies prohibit political symbols and gave an assurance that the staff member would not wear such items in the future.

Deloitte to monitor staff logging in from abroad

The Daily Telegraph ?

Deloitte is intensifying its monitoring of UK employees' internet activity, particularly those logging in from abroad, as part of a crackdown on violations of working-from-home rules. It is understood that while Deloitte does not track its employees or routinely monitor their locations, the firm is notified when data is accessed remotely?from outside of the UK. The firm analyses IP addresses for security purposes and to ensure that remote workers are not?breaching any overseas tax, regulatory or client obligations, according to a person familiar with the matter. Rival PwC last week informed its 26,000 UK employees that it will start tracking their locations in a wider crackdown on office attendance.