CBI uses gagging clauses to prevent discussion of sexual misconduct claims, London judge found guilty of misconduct
Gary Carney
Head of TBG Specialist Groups | Employment, Commercial, Family, Property, Tax, Personal & Complex Injury
THE HOT STORY
CBI uses gagging clauses to prevent discussion of sexual misconduct claims
Financial Times / The Guardian ?
The Confederation of British Industry (CBI) has admitted to using non-disclosure agreements (NDAs) to prevent staff from speaking publicly about their workplace experiences. Up to 10 NDAs have been signed in the past year after the lobbying group's sexual misconduct scandal. The agreements have been accompanied by substantial financial settlements from the CBI. CBI chief executive Rain Newton-Smith has defended the use of NDAs, saying: "To the best of my knowledge anything we have signed in the past 11 months allows individuals to raise issues with the police.” MPs on a Treasury committee investigating sexism in the City recently called for the use of NDAs to be banned in such cases, saying they had the effect of "silencing the victim of harassment and forcing them out of an organisation, while protecting perpetrators."
EMPLOYMENT LAW
Over a million workers are on zero-hour contracts
The Times / Daily Mail / Daily Mirror ?
New research shows that a record 1.1m Britons are working on zero-hour contracts, up 136,000 on the previous year. The study by the Work Foundation found that only 6% of employees on zero-hour contracts were in “secure employment with regular income and access to rights” while about three-quarters suffered financial insecurity and lacked basic worker protection. Alice Martin, head of research at the foundation, said: “While they may provide ad-hoc flexibility for a small minority of professionals who actively choose this way of working, our analysis suggests that for the vast majority, these contracts represent precarity.” She added: “Other nations have already either banned zero-hour contracts or heavily regulated their use, so we need to catch up and find a better balance between workplace security and flexibility.”
Birmingham City Council equal pay liability bill could be below ￡760m
BBC News ?
The bill to settle Birmingham City Council's equal pay liability may be lower than the ￡760m mentioned in its latest budget, according to Max Caller, the lead commissioner appointed by the government. Caller stated that the cited figure is only for accounting purposes. The council is currently working on a new job and grading system to facilitate a settlement. However, strikes are expected due to delays in reaching an agreement. The dispute revolves around claims that staff in female-dominated roles have historically been underpaid compared to those in male-dominated areas of the council. Birmingham City Council is facing financial challenges, reduced government funding, rising costs, increased demand for services, and issues with the failed implementation of the IT and finance system Oracle.
MPs to quiz P&O boss on working conditions
The Guardian ?
Peter Hebblethwaite, the boss of P&O Ferries, has been called to give evidence to MPs who are examining working conditions. The Business and Trade Committee will quiz a panel of bosses of companies that have been “named and shamed” for paying less than the UK minimum wage. P&O, which controversially replaced 786 employees with low-paid agency workers in 2022, has agreed to sign a voluntary government charter which commits it to paying maritime workers at least the UK minimum wage. Minimum wage rates currently do not apply to maritime workers employed by an overseas agency who work on foreign-registered ships in international waters. The government, which has promised to close the loophole allowing ferry companies to legally pay less than the minimum wage, expects legislation to become active this summer.
Neurodivergent people face job barriers in Jersey
BBC News ?
Some neurodivergent individuals in Jersey believe that disclosing their conditions has hindered their job prospects. Ambiguous interview questions and application forms can exclude people with conditions like autism and ADHD from work, according to the Jersey Employment Trust. A report by Conservative MP Sir Robert Buckland listed 19 recommendations to support neurodiverse individuals in employment, including offering career-progression training for autistic staff. Only 30% of autistic people in Jersey are employed, compared to 53.6% of disabled people. The Jersey Employment Trust has urged employers to adopt a more informal approach for neurodivergent individuals.
Companies seek legal help with neurodiverse staff
Employers are being urged to make more accommodations to help neurodiverse workers amid a rise in employment lawsuits related to disability discrimination which reference autism, ADHD, dyspraxia or dyslexia.
CASES
Uber Eats courier wins payout over ‘racist' facial recognition app
Uber Eats has settled a legal claim with a courier who alleged that the company's facial recognition app is racist. Pa Manjang, who is black, was dismissed by Uber Eats when his security selfie check repeatedly failed to match the photo held by administrators. All Uber Eats couriers are required to go through this process, but Manjang argued that the algorithm discriminates against people from ethnic minorities. The equalities watchdog in England supported Manjang's claim, and Uber Eats has agreed to settle for an undisclosed amount. The settlement does not imply any liability on the part of Uber Eats. The case highlighted concerns about the use of artificial intelligence and automated processes in employment decisions. Baroness Falkner, chairwoman of the Equalities and Human Rights Commission, stated that AI can lead to discrimination and human rights abuses. The settlement is seen as serving a warning to employers to guard against unlawful discrimination when relying on automation. Manjang's lawyer emphasized the importance of the case in considering AI and automated decision-making in the context of work and potential unfairness and discrimination.
London judge found guilty of misconduct
Evening Standard ?
Judge Nigel Gerald has been found guilty of misconduct after being accused of telling a barrister to “chill out” and mimicking TV sitcom character David Brent. According to a disciplinary finding, the London judge was “discourteous” to the lawyer “by raising his voice and making remarks which showed irritation and a degree of contempt for counsel's submissions.” The judge, who has overseen civil disputes at Central London County Court, was found guilty of misconduct and given “formal advice,” the Judicial Conduct Investigations Office (JCIO) has announced. The JCIO said judges are expected to be “courteous, patient, tolerant and to respect the dignity of all” in order to protect the profession. “A barrister, who appeared before HHJ Gerald in court, complained that the judge had behaved in a rude and aggressive manner towards him,” the notice read.
Vegan activist given permission to sue employer over 'protected' beliefs
The Times ?
A vegan activist has been given permission to sue his employer, a bottle company in Scotland, over allegations of discrimination due to his vegan beliefs. The decision comes after two previous tribunal rulings in England presented conflicting views on whether beliefs related to diets and animal treatment are protected under equality legislation. The Scottish tribunal followed the ruling that the beliefs of "ethical vegans" are protected. The judge said Rafal Mysakowski genuinely held the belief of ethical veganism and that it impacted various aspects of his life. Mysakowski had previously left messages for the public, including one that said "Be kind to animals or I'll kill you." The tribunal also heard about?Mysakowski's refusal to work for companies involved in animal exploitation. The dispute will be heard at a full employment tribunal, where the bottle company will defend the claim.
领英推荐
'Snailmail only' solicitor wins employment appeal
A solicitor who would only accept correspondence via post has won an appeal after it was found that important emails were not sent to him. The practitioner, named as S Wakeman, has taken Kent law firm Boys and Maughan Solicitors to an employment tribunal. But Wakeman’s claims - of automatic unfair dismissal; age and sex discrimination or harassment; protected disclosure detriment, failure to pay notice pay; unpaid holiday pay; and being owed 'other payments' - were struck out after he failed to comply with an Unless Order. The firm had been pursuing the order by email, many of which had not been copied to Wakeman by post, which was “the only method of communication that he would accept,” the court heard. Employment Appeal Tribunal Judge James Taylor said: “The claimant was correct in his assessment that correspondence had been sent by the respondent to the Employment Tribunal that had not been copied to him. While the emails were, in large part, chasing the original application for an Unless Order, they also criticised the way in which the claimant was conducting the litigation.”
Teacher's tribunal collapses amid panel 'prejudice'
A tribunal hearing for a school teacher who was sacked for "misgendering" a pupil has collapsed due to allegations of anti-Christian comments and anti- Conservative slurs made by a member of the tribunal. In an effort to avoid a "perception of bias" against the teacher, who is said to have raised concerns about a socially transitioning eight-year-old, all three members of the tribunal in Nottingham, including the judge, have recused themselves. The hearing will now have to be rescheduled for later in the year. The teacher - who has been anonymised to protect the identity of one of the pupils at the school - is suing Nottinghamshire county council and one of its primary schools for victimisation for whistleblowing, unfair dismissal and discrimination on the grounds of her Christian beliefs.
Prison manager fired for inappropriate comments
Daily Mail ?
A senior prison manager was fired after making inappropriate comments to junior colleagues, including complimenting one woman on her legs, and in another instance asking to see tattoos in private areas. The Leeds Employment Tribunal ruled in favour of the Secretary of State for Justice, upholding the manager's dismissal. The manager had worked in the prison sector for 32 years and held a senior position at HM Prison Wetherby. The tribunal concluded that the manager's behaviour constituted a pattern of inappropriate conduct. Although the manager claimed a lack of self-awareness, the tribunal emphasized the importance of workplace boundaries and the need to prevent employees from feeling powerless or vulnerable.
Red Bull employee will go to tribunal should her appeal over Horner case fail
The Guardian ?
The Guardian reports that the female employee at Red Bull who made a complaint against team principal Christian Horner is prepared to take her case to an employment tribunal if her appeal is unsuccessful. Red Bull Racing's parent company recently announced that Horner had been cleared of the allegations after an independent investigation, but the employee launched an appeal. No details of the investigation have been released due to confidentiality. Legal experts say that going to an employment tribunal is a normal process if an employee is not satisfied with the outcome of an internal appeal. If the case goes to a tribunal, the details of the complaint will become public. The employee has been suspended from her job at Red Bull Racing since her grievance was dismissed.
Employment judge rejects claims of 'racial profiling' in NHS sleeve rolling incident
An employment judge has ruled in favour of the NHS in a case where a Muslim doctor claimed she was racially profiled and discriminated against. Dr. Farhat Butt, an NHS consultant, alleged that she was asked to roll up her sleeves in line with hygiene rules and was then bullied by managers. However, the judge concluded that the incident was not related to religion and that the initial challenge was made to ensure adherence to policies. The judge stated: "Not everything that happens in the workplace to a Muslim worker will be related to religion." The judge also noted that the situation was not handled well by either party and escalated quickly. The doctor's discrimination claims were dismissed.
WORKPLACE
One in three female musicians ‘harassed at work'
A new report reveals that women in the music industry face discrimination, financial challenges, and sexual harassment. The UK Musicians' Census, conducted by the Help Musicians charity and the Musicians' Union, found that over a third of female musicians have experienced sexual harassment at work. The survey also highlights the persistent gender pay gap in music, with women earning significantly less than men. Additionally, female musicians are more likely to struggle financially, impacting their career longevity. The report emphasizes the under-representation of women as engineers, producers, and DJs. The findings echo a parliamentary report earlier this year that described the music industry as a "boys' club" with endemic discrimination and abuse. The report calls for urgent action to address these issues and ensure gender equity in the industry. Sarah Woods, CEO of Help Musicians, hopes the insights will encourage collaboration to reduce gender-based barriers. Naomi Pohl, general secretary of the Musicians' Union, emphasizes the need to address discriminatory practices and behaviours.
Trade union faces strike over bullying and harassment claims
BBC News / London Evening Standard ?
Staff at one of Britain's largest trade unions, the GMB, have voted to strike after an official inquiry found a culture of bullying, misogyny, cronyism, and sexual harassment. The inquiry, led by barrister Karon Monaghan, revealed that the union had a "bully-boy atmosphere" that made it a "hostile environment" for women. The report called for a "fundamental shift" in the organisation's culture. Despite promised reforms, employees in the North East claim that nothing has changed. The GMB, which has over half a million members and is a major donor to the Labour Party, has stated that it is committed to listening to staff. The strike vote came after the sudden resignation of the union's general secretary, Tim Roache, amid misconduct allegations.
Sick people leave workforce at record highs
BBC News / The Observer ?
The number of people in the UK leaving the workforce due to long term sickness has hit the highest level on record, according to Resolution Foundation analysis. The number of adults who are economically inactive due to ill-health climbed from 2.1m in July 2019 to 2.8m in October 2023, marking the "longest sustained rise" since 1994-1998, when records began. The rise in long-term sickness means the UK is the only G7 economy which has not returned to its pre-pandemic employment rate. Louise Murphy, senior economist at the Resolution Foundation, said Britain’s labour market is “finally returning to normal,” but warned that the pandemic “has left an alarming legacy of the longest sustained rise in sickness-related inactivity since the 1990s.” She noted: “Younger and older people together account for nine-tenths of the rise in overall economic inactivity,” and warned that this could have “serious effects both on individuals’ living standards and career paths, as well as wider strains on the NHS and welfare spending if we fail to improve the nation’s health and reduce economic inactivity.” Shazia Ejaz at the Recruitment and Employment Federation, believes long NHS waiting lists "are a big factor for why not enough people are well enough to work," adding "Better infrastructure around transport, childcare and social care will all help tackle the inactivity challenge the UK faces."
Gen X workers contend with ageism in the job market
BBC News ?
Gen X workers face ageism in the job market, with many employers preferring younger candidates. The confluence of post-pandemic economic uncertainty and rapid technological change has hit Gen Xers hard: many are struggling to find jobs, leadership roles are not open, and ageism is a key factor when roles do become available. It's said that the perception that Gen Xers don't fit into either the tech-savvy digital native or highly experienced older worker categories leaves them in a vulnerable position. Anne Burmeister, an Academy of Management Scholar and assistant professor at Rotterdam School of Management, Erasmus University, Netherlands, says perpetuating age-based biases makes "no business sense," adding "Very few organisations recognise this external demographic trend, and even the ones that do seem to not see the urgency to act." Instead, argues Burmeister, "what organisations should be doing is putting in place policies that leverage older workers' skills, expertise and experience."
TECHNOLOGY
Eight million Brits risk being replaced by AI - but barristers are safe
Sky News / Mirror.co.uk ?
Experts warn that up to 8m British workers could lose their jobs to artificial intelligence (AI) within the next five years. A study by the Institute for Public Policy Research (IPPR) found that nearly 60% of current human tasks could be automated. Jobs most at risk include human resources staff, secretaries,?call centre agents, salespeople, and authors. Barristers, electricians, plumbers, carpenters, bricklayers, teachers, dentists, and doctors are among the least at risk. The IPPR suggests that the government should tax AI computers and encourage people to pursue jobs less likely to be replaced by AI, such as nursing. The worst-case scenario would result in 7.9m job losses and no economic benefit. Carsten Jung of the IPPR urged employers, unions and ministers to manage AI well to avoid a “jobs apocalypse,” adding: “If they don't act soon, it may be too late.”