Barristers raise threat of industrial action, NHS tackles sexual misconduct head-on as whistleblowing site is launched
Gary Carney
Head of TBG Specialist Groups | Employment, Commercial, Family, Property, Tax, Personal & Complex Injury
THE HOT STORY
Barristers raise threat of industrial action
The Independent ?
The Independent reports that the justice system is facing a crisis as barristers warn of potential industrial action due to ongoing disputes over legal aid funding. The Criminal Bar Association has expressed frustration over the government's inaction, particularly regarding an independent report on criminal legal aid that has been pending for two months. Warning that “there may be an assumption that we will not react” if the report's recommendations are not implemented, the group's chair Mary Prior KC said it will ballot its members “to consider what the next steps will be” and is “ready to act in accordance with their wishes.” The Law Society has also urged solicitors to reconsider their involvement in legal aid cases, saying that the system is “at the limits of financial viability.” With legal aid funding having decreased by 28% in real terms over the past decade, the situation has become increasingly untenable, leading to fears that many defendants may go unrepresented. Paul Harris, a senior partner at Edward Fail, Bradshaw and Waterstone, said: "The failure to implement recommended [legal aid funding] rises has meant many cases are conducted at a loss.” Criminal?barrister?Simon Spence KC added that without urgent action and investment from the government, "the system will collapse. It really is that simple.”
EMPLOYMENT LAW
NHS tackles sexual misconduct head-on as whistleblowing site is launched
Sky News ?
The NHS has implemented a new policy allowing staff in England to anonymously report sexual misconduct at work, effective immediately. NHS chief executive Amanda Pritchard said: "There is absolutely no place for sexual misconduct or abuse of any kind within the NHS." The initiative follows alarming reports of harassment within the ambulance service, where many paramedics have described a culture of inappropriate behaviour. The new policy aims to provide support for victims, including pastoral care and special leave. Additionally, an online reporting tool will facilitate anonymous submissions, which will be investigated by HR teams. Dr Chelcie Jerwick, co-founder of Surviving in Scrubs, emphasised the importance of this system, noting that it offers a safer way for individuals to come forward about their experiences.
Angela Rayner: Our workers’ rights bill is good for business
Writing in the FT, Deputy Prime Minister Angela Rayner says the bill to upgrade the UK's employment rights framework heralds a new era of partnership between business and workers. Meanwhile, an FT editorial says the bill?must not undermine the priority of boosting UK growth, productivity and competitiveness in its quest to bolster workers’ rights.
Managers’ new duty to prevent sexual harassment at work
The Worker Protection (Amendment of Equality Act 2010) Act 2023 takes effect on October 26. It requires employers to take “proactive and reasonable steps” to prevent sexual harassment of staff during their employment.
CASES
HSBC appeals decision reinstating discrimination claim
Reuters ?
HSBC has appealed an employment tribunal's decision to reinstate a senior investment banker's lawsuit that alleges the bank victimised and discriminated against her when it did not hire her for a senior sales role in 2018. Carmen Chevalier-Firescu sued HSBC in 2020, claiming she was not appointed as the head of the bank's London derivatives sales team for hedge funds partly because she had sued her former employer, Barclays, for making her redundant after she returned from maternity leave. Her case was initially dismissed by a tribunal but reinstated on appeal earlier this year. HSBC told the Court of Appeal that?Chevalier-Firescu's claims should be dismissed in part because she had filed them after the standard three-month window. Reuters notes that the lawsuit is a rare example of an employment claim against a prospective, rather than current, employer.
Not saying hello to a colleague could break law, judge says
In a landmark ruling, a tribunal has determined that a lack of greeting from a managing director can contribute to an unfair dismissal claim. Nadine Hanson, a recruitment manager, successfully argued that her boss, Andrew Gilchrist, ignored her greetings on multiple occasions, which undermined her confidence. Employment Judge Sarah Davies said: “That is conduct . . . that is calculated or likely to undermine trust and confidence.” Following a series of events, including Gilchrist's unannounced visit and subsequent email to Hanson’s staff offering pay rises without her knowledge, Hanson was said to have felt “humiliated” and undervalued, leading her to resign. The tribunal ruled in her favour, and she is now set to receive compensation from Interaction Recruitment, with the amount to be determined later.
Islam convert ‘told to remove hijab at work' sues for discrimination
A British convert to Islam who says she was ordered to remove her hijab at work is claiming she was racially discriminated against because she is white. Aisha Amalou, who was born and raised in Scotland, is taking legal action against care home operator Thistle Healthcare Ltd, alleging an “incorrect stereotypical assumption” was made that she should not be wearing a hijab. She alleges a colleague repeatedly ordered her to remove the head covering and dismissed her pleas that she wore it for religious reasons. Amalou said she then sought to raise the issue with a manager, Kim McLaughlin. However, it is alleged McLaughlin was the one who had given the order for the hijab to be removed.
RAF officers are ordered to apologise for sexist language
Daily Mail ? The Daily Telegraph ? The Times ?
Senior officers in the RAF have been ordered to apologise and compensate a squadron leader after she faced persistent bullying and derogatory remarks from male colleagues. Anne Rubery, a veteran of over 30 years, reported that her complaints were initially dismissed, with colleagues suggesting she should "grow a pair." An internal investigation later found an "overly masculine culture" in her unit, leading the armed forces ombudsman to recommend an apology and compensation of up to ￡2,000. Mrs Justice Mary Stacey, who chaired the employment appeal tribunal, noted that the RAF's core values were not upheld when it initially decided the remarks were not "offensive, sexist or gender related."
FA coach's discrimination claim dismissed
Christina Oshodi, a former County Coach Developer for the FA, has lost a lawsuit alleging race discrimination after an investigation into her expense claims. The tribunal heard that Oshodi submitted expenses for meals from Domino's and other personal items, claiming they were 'culturally specific' foods. However, the judge found her defence unconvincing, saying: "The overwhelming majority of the food purchased by (her) was ordinary mainstream food from major supermarkets." The tribunal concluded that her redundancy was legitimate and that the FA had followed proper procedures during the investigation.
Tribunal backs professor's anti-Zionist beliefs
Daily Mail ? The Guardian ?
An employment tribunal has ruled that Professor David Miller's anti-Zionist views qualify as a 'philosophical belief' under the Equality Act, thus deserving protection. Employment Judge Rohan Pirani said: "Although many would vehemently and cogently disagree with the academic, others have the same or similar beliefs." Miller, dismissed from the University of Bristol for alleged anti-Semitic comments, argued that his views were not anti-Jewish but rather critiques of Zionism, which he described as "inherently racist, imperialist, and colonial." The tribunal found that his beliefs met the criteria of being "worthy of respect in a democratic society" and concluded that his dismissal was discriminatory. Miller also won claims of unfair and wrongful dismissal, with compensation to be determined in a future hearing.
Driver of Malaysian royals wins battle against diplomats to bring pay dispute case
Evening Standard ?
Malaysian?diplomats in?London?have failed to stop an employment tribunal pay claim being brought by a driver of the royal family and other VIPs. They sought to argue that the case should not proceed on the basis of “state immunity” from such legal action. But an employment judge rejected their argument. The driver, named in tribunal documents as Mr K Onurcan, had sought to bring an employment tribunal case for alleged “breach of contract and unlawful deductions from wages.” He had been employed since 2001 as a driver at the Malaysian High Commission in London under the “locally recruited staff scheme.”
Mendy fights for ￡11m in wages
Daily Mirror ? The Guardian ? The Times ?
Footballer Benjamin Mendy is pursuing ￡11m in unpaid wages from Manchester City at an employment tribunal following his arrest and subsequent acquittal. Mendy, who was suspended in August 2021 after being charged with multiple sex offences, was cleared of all charges in 2023. In his statement to the tribunal, he claimed that "several first-team players" attended parties at his home during the COVID-19 lockdowns, stating: “I feel that it is unfair for Manchester City to single me out.” He also mentioned that teammates Raheem Sterling, Bernardo Silva, and Riyad Mahrez provided him with financial support during his unpaid period. Mendy, now playing for French club Lorient, argues that he was treated unjustly compared to his peers. The tribunal proceedings are ongoing.
University lecturer wins ￡40k payout
Daily Mail ? The Daily Telegraph ?
Dr Paul Leaney, a former lecturer at the University of Loughborough, has been awarded ￡38,645 after an employment tribunal ruled he was constructively unfairly dismissed. The tribunal found significant flaws in the university's investigation into allegations that he called a suicidal student "selfish" and forced them to apologise to their flatmates. Leaney, who resigned in September 2020 after 42 years at the university, expressed relief at the ruling, saying he "didn't feel like I was being served a sense of justice." The tribunal concluded that the university "breached the trust and confidence" in its relationship with him.
Suspended for misleading email request
Rajpal Panesar, a senior partner at Taylor Rose, has been suspended for nine months after instructing a newly qualified solicitor, Person A, to send a misleading email to a client. Person A, who had only been qualified for three weeks, refused to comply and reported Panesar to the firm's compliance officer. The Solicitors Disciplinary Tribunal noted that the misleading email was never sent, stating that the dishonesty lasted only 90 minutes and did not prejudice the transaction. The tribunal acknowledged the “devastating impact” on Person A, who described the incident as “heavily impacting upon her mental-health and well-being.” Panesar was also ordered to pay costs of ￡14,000.
DIVERSITY, EQUITY & INCLUSION
Female representation on boards takes a hit
Reuters ? The Times ?
The latest Women Count report by The Pipeline reveals a concerning decline in female representation on the boards of Britain's largest companies, marking the first drop in eight years. Currently, only 9% of chief executives in the FTSE 350 are women, with the average proportion of women in boardrooms falling from 40% to 32% in 2023. Liz Stanley, head of The Pipeline, described the progress as "glacial," stressing that "having women on executive committees is good for business." Professor Geeta Nargund highlighted the unacceptable regression in gender representation, noting that companies with better gender parity are 22% more likely to see improved profits.
WORKPLACE
Employers should be fined for unhealthy workplaces, thinktank says
The Guardian ?
The Institute for Public Policy Research (IPPR) has proposed that employers should face fines for creating unhealthy workplaces, as part of a plan by health secretary Wes Streeting to help unemployed individuals return to work. Chris Thomas, head of the IPPR's Commission on Health and Prosperity, stressed the need for a healthier work environment, saying: “One of the big factors we find in whether a workplace is conducive or detrimental to someone's weight and their nutrition is access directly to healthy food.” The proposal includes regulatory action by the Health and Safety Executive against firms that fail to mitigate health risks, particularly concerning obesity and mental health. Additionally, financial incentives for smaller firms to improve employee health are suggested, alongside potential waivers on national insurance contributions for those that adopt evidence-based health strategies.
CBI faces financial turmoil after scandal
The Confederation of British Industry (CBI) has reported a loss of ￡8.3m for the previous year, primarily due to a workplace sexual misconduct scandal. The organisation's 2023 accounts revealed a 16.6% drop in total income to ￡22.3m, with membership income falling by 12.4% to ￡20.6m. Rupert Soames, the new CBI president, noted that the auditors "highlight material uncertainty," indicating the organisation's reliance on short-term bank funding while operating at a loss. The scandal led to a significant loss of members, prompting the CBI to overhaul its governance and cut staff by a third. Despite these challenges, some major companies, including AstraZeneca and Unilever, have renewed their memberships as the CBI develops a three-year strategy to return to profitability.
BBC launches workplace culture review
BBC News ?
The BBC has appointed Change Associates to conduct an independent review of its workplace culture. The review, which will focus on preventing abuse of power, will assess progress since the 2013 Respect at Work Report and will provide recommendations for enhancing workplace culture. BBC Chair Samir Shah said: "I cannot emphasise enough that I am fully committed to tackling inappropriate or abusive behaviour."
Concern over rise in youth inactivity and mental health benefits claims
Financial Times ? The Daily Telegraph ?
New figures show increases in both the number of young people not in education, employment or training, and in the number of people making benefit claims for mental health conditions. The Financial Times reports that more than 35% of people aged 18-24 were inactive in the three months to February 2024, the highest proportion since records began in 1992, while the Telegraph reports that the Office for Budget Responsibility has found that almost 145,000 people were approved for the personal independence payment in 2023/24 due to a mental health condition. Overall, the last financial year saw the proportion of the working-age population receiving incapacity benefits reach 7%, with projections of a record high of 7.9% for 2028/29.
Weight-loss jabs to tackle worklessness
The Guardian ?
Health Secretary Wes Streeting has proposed trials to assess the impact of weight-loss medications like Ozempic and Mounjaro on reducing worklessness among unemployed individuals. He highlighted that “widening waistbands” are straining the NHS, costing ￡11bn annually, more than smoking. However, he also stressed the importance of personal responsibility in maintaining healthy lifestyles.