Businesses prepare for increase in legal disputes, UK judge rules against FCA manager who wanted to work from home

THE HOT STORY

UK judge rules against FCA manager who wanted to work from home

Financial Times / The Daily Telegraph / Daily Mail / The Times ?

Elizabeth Wilson, a senior manager at the Financial Conduct Authority, has had her demand to work from home full-time quashed by a judge, who said the regulator was within its rights to deny the request. Judge Robert Richter wrote in a judgement made last month and only just published: "It is the experience of many who work using technology that [remote working] is not well suited to the fast-paced interplay of exchanges which occur in, for example, planning meetings or training events when rapid discussion can occur on topics.” He also pointed to “a limitation to the ability to observe and respond to non-verbal communication which may arise outside of the context of formal events but which nonetheless forms an important part of working with other individuals.” Lawyers said they expect more legal disputes over the issue as employers increasingly demand staff spend more time in the office.

EMPLOYMENT LAW

Businesses prepare for increase in legal disputes

City AM ?

A report by law firm Shoosmiths reveals that 82% of in-house senior lawyers anticipate a rise in spending on dispute resolution over the next three years. Companies are considering third-party litigation funding, limiting cross-jurisdictional reach, and handling more disputes in-house. The report also noted that more than three in four general counsel are expected to increase the headcount of their teams. This comes on the back of a large proportion (82%) of these respondents saying they anticipated more disputes over the next three years. Employment disputes are the top concern, followed by environment, supply chain, and group litigation.

Unions and recruiters reject revived effort to break strikes

Financial Times ?

Unions and recruiters are urging ministers to scrap a fresh attempt to bring in legislation allowing employers to break strikes by hiring agency workers to fill in during industrial action.

CASES

Female finance executive wins ￡100k compensation in sexual harassment case

Daily Telegraph / Daily Express / Daily Mail / The Times ?

A female finance executive has been awarded nearly ￡100,000 in compensation after winning a sexual harassment case against her boss. An employment tribunal in Southampton ruled that Louise Crabtree had suffered a "campaign of sexual harassment" and an "excessive attempt" at a romantic relationship. Marc Bandemer, the UK chairman of an investment management company, had made inappropriate comments, bought Crabtree a diamond ring, and referred to her as "naughty" in front of colleagues. Crabtree was demoted after rejecting his advances. Judge James Dawson awarded her the compensation, stating that the harassment was not acceptable and that Bandemer's behaviour was linked to Crabtree's gender. Crabtree joined the company as an executive director in April 2021 and initially had a friendly relationship with Bandemer. However, his actions escalated, and she said she felt helpless and degraded. Her failure to object to comments did not imply that she welcomed them.

Removing women from chat groups while on maternity leave is discrimination

Daily Mail ?

An employment tribunal has ruled that a company which removed a woman on maternity leave from a work WhatsApp group had breached equality laws. Dental sales negotiator Asha Lad sued her employer for pregnancy discrimination after a senior male colleague refused to let her back into a work WhatsApp group while she was on maternity leave, arguing that there was “no reason” for her to have access to it while off. But a panel agreed that excluding women from staff chats they were previously part of is “isolating” and is reasonably and objectively to be viewed as less favourable treatment.

Man wins ￡75k in Northern Ireland age discrimination case

BBC News ?

A man in Northern Ireland has received ￡75,000 after his former employer settled an age discrimination case. Seamus Gillespie alleged that WD Irwin and Sons bakery was seeking younger people from a blue-chip background for future recruitment, and that the age of staff within the business was seen as problematic. Despite his appeal, Gillespie was ultimately made redundant. Chief commissioner Geraldine McGahey stated that older workers have experience, skills, and attributes that the economy needs to thrive, and it is imperative for employers to have robust policies and practices in place to prevent age discrimination. WD Irwin and Sons Ltd denied any liability but reaffirmed its commitment to equality and agreed to review policies and procedures. Gillespie expressed his satisfaction with the outcome and said he hopes that his case will prevent similar incidents in the future.

Head teacher awarded ￡200k payout

Daily Mail / The Daily Telegraph ?

A head teacher has been awarded a payout of nearly ￡200,000 after her boss threatened to move her child to a private school in front of an Ofsted inspector. Deborah Lingard sued for unfair constructive dismissal after being "humiliated" and "seriously undermined" by Yvonne Brown, the CEO of the academy trust that runs Tyldesley Primary School in Manchester. Brown criticised a marking error made by a Year 5 teacher and threatened to pull Lingard's son out of the school unless improvements were made. Lingard was awarded ￡190,804 in compensation. Employment Judge Pauline Feeney ruled that the incident amounted to a breach of employment law. "Clearly that seriously undermined and humiliated Mrs Lingard in front of a stranger but one who was going to play an important role in improving the school," said Judge Feeney.

Criminology professor vindicated after attacks for gender-critical views

Daily Mail ?

A criminology professor, Jo Phoenix, has won a harassment case against her employer, the Open University (OU). Phoenix faced criticism and death threats after signing an open letter expressing concern about self-identification for trans people who wished to undergo gender reassignment. The OU failed to support her due to fears of repercussions. Colleagues described her as transphobic and she was targeted on social media. The tribunal upheld almost 20 of Phoenix's claims, ruling that the OU did not protect her due to her gender-critical beliefs.

CORPORATE GOVERNANCE

Moody's detects more than 2,200 directors in the UK 'aged 123 and above'

Bloomberg ?

Research by Moody's Analytics shows that more than 2,200 directors in the UK claim to be aged 123 and above - despite the oldest known human living to 122. The study also found 21 million "red flags" associated with shell companies that could enable financial crimes. Moody's Analytics highlighted atypical directorship as one of seven key behaviours, along with mass registration, dormancy, and circular ownership. The study examined 472 million companies and identified the UK as having the highest number of shell company risks, with almost 5 million flags. The US had the most flags related to financial anomalies, while Panama had a high number of anonymous registrations.?The report also stated that $1.6tn is laundered annually. Moody's Analytics emphasized the need for improved transparency and detection of risky corporate relationships.?

WORKPLACE

Warning of 'profound' fiscal threat to UK unless action on health is taken

Bloomberg ?

Escalating levels of illness and health-related economic inactivity in the UK are exacerbating inequality and posing a significant fiscal threat, according to research by the IPPR Commission on Health and Prosperity. The study reveals that one in four working-age Britons without a job reside in just 50 local authorities. Individuals living in deprived areas are one and a half times more likely to experience economic inactivity and twice as likely to be in poor health. Illness is linked to low productivity, high poverty, and persistent unemployment, resulting in "bad health blackspots" across the country, the IPPR says. The Office for Budget Responsibility has warned that the rising number of people moving into inactivity and on to benefits is becoming unaffordably expensive. The IPPR emphasizes that health-related inactivity is one of the most profound fiscal threats faced by the UK. It suggests tackling the issue at a regional level with new health zones that have the power to invest, raise local taxes, and set missions.

British men are working fewer hours as women increase labour force participation

Bloomberg / Financial Times ?

British men are working shorter hours on average than they did 25 years ago, with women picking up the slack, according to analysis from the Office for National Statistics (ONS). Since 1998, men's average weekly hours have fallen from 38.6 to 35.3, while women's hours have increased from 26.5 to 27.9. The ONS suggests that the increase in female hours, particularly after the pandemic, may indicate greater flexibility in working arrangements. Overall, average weekly hours for all workers in the UK have dropped from 33.1 in 1998 to 31.8 in 2022. The decline is driven by men in full-time jobs working less, at a time when women and older workers make up a larger share of the labour force. The reduction in hours post-Covid has contributed to staff shortages and increased pay. The ONS estimates that this drop in average weekly hours is equivalent to approximately 310,000 fewer people in employment. However, Bloomberg notes that the reliability of the employment data is questionable due to low response rates to the ONS's Labour Force Survey.

Up to 50,000 new nursery staff needed to meet childcare pledge

The Times ?

The Early Education and Childcare Coalition says up to 50,000 new nursery staff and childminders will have to be recruited this year if ministers are to meet their pledge to provide 15 free hours of childcare a week to working families. Analysis of Department for Education data and census projections says the sector must find extra staff to look after at least 90,000 children, rising to 265,000 if all those currently in informal childcare, such as being entrusted to grandparents, are moved into formal childcare because of the extension of the entitlement. Bridget Phillipson, the shadow education secretary, said the Conservatives had "rushed through a childcare pledge without a plan," adding "This prime minister continues to tell parents that everything is fine when they have no guarantee that they will be able to get the places promised."

UK employee health has barely improved since pandemic

Financial Times ?

Employers in the UK lost the equivalent of 50 days of work per employee last year because of poor physical and mental health, according to the FT-Vitality Britain’s Healthiest Workplace survey.

DATA PROTECTION

New laws could be needed to tackle online crimes in the metaverse

The Times ?

Interpol has published a report urging police forces to establish a virtual presence in the metaverse to combat the growing threat of online crimes. The report highlights the opportunities for criminals to commit new types of crime, referred to as 'metacrime', in the online 3D world. It warns of crimes such as fraud, cyber-physical attacks, theft of digital identity, grooming of children, and virtual sexual harassment.?Mark Dsouza, co-director of the Centre for Criminal Law at University College London, says that the law relating to offences against the person, which has already been widened to include psychological harm, could be extended further if it could be shown that the assault in the metaverse had "real-world psychological effects on the person who had logged into" it.