Exclusive clubs pose unfair advantage for lawyers, Ministers plan to crack down on misuse of NDAs
Gary Carney
Head of TBG Specialist Groups | Employment, Commercial, Family, Property, Tax, Personal & Complex Injury
THE HOT STORY
Exclusive clubs pose unfair advantage for lawyers, warns Bar Council
Law Gazette / The Guardian ?
Exclusive members' clubs, such as the men-only Garrick club, have been criticised by the Bar Council for creating an unfair advantage for lawyers aspiring to become judges. The Bar Council highlighted the issue of "closed doors and exclusionary spaces" in relation to the under-representation of women in the judiciary and gender disparities in female lawyers' career progression and earnings. The chair of the Bar Council, Sam Townend, stated that it is currently up to individuals to decide whether membership of such clubs aligns with their professional values, but this may change in the future. The revelations about judges' membership of the Garrick Club have prompted resignations and calls for greater inclusivity in the legal profession.?
EMPLOYMENT LAW
Ministers plan to crack down on misuse of NDAs
City AM ?
The government has announced plans to crack down on the misuse of non-disclosure agreements (NDAs) to ensure they are not used to silence victims of crimes. The law is set to be changed to make sure NDAs cannot be legally enforced if they prevent victims from reporting a crime. The change will mean information related to criminal conduct can be discussed with law enforcement agencies and lawyers while elements of confidentiality agreements relating to commercially sensitive information or financial agreements will retain their legal effects. Justice Secretary Alex Chalk said: “We are bringing an end to the murky world of non-disclosure agreements, which are too often used to sweep criminality under the carpet and prevent victims from accessing the advice and support they need.” He added that the changes will ensue that gagging orders cannot be legally enforced against victims “to prevent justice from being delivered and their voices being heard.”
Ministers to reintroduce fees for discrimination and harassment lawsuits
The Times looks at concerns over plans by ministers to reintroduce fees for discrimination and harassment lawsuits, seven years after they were ruled unlawful by the Supreme Court. The proposed fees, which are lower than the previous charges, have been met with criticism from lawyers, charities, and campaign groups who argue that they will hinder access to justice. The government's impact assessment concedes that the scheme will cost more to implement and administer than it will raise, and experts warn that the fees will disproportionately affect poorer individuals. The Law Society and the Bar Council have also expressed concerns about diminished access to justice. The Law Society?of Scotland warned that the proposals will cause “unacceptable access-to-justice issues for those most in need of free legal protections.” Critics argue that the reintroduction of fees will deter claims and allow bad employers to continue discriminatory practices.
One in ten London workers experience sexual harassment at work, survey says
London Evening Standard ?
One in ten London workers has witnessed or experienced sexual harassment at work, but the majority choose not to report it, according to a survey commissioned by Personio. The survey found that 54% of Londoners who experienced harassment did not report it, compared to just under half for the rest of the UK. Fear of retaliation or retribution was cited as a reason for not reporting by four in ten Londoners. Additionally, three in ten believed that going to the media would be a more effective way to address the issue. The research highlights the ongoing problem of sexism in the City, with efforts to improve the culture progressing slowly. Pete Cooper, director of people partners & DEI at Personio, emphasized the need for a workplace culture that prioritises trust and transparency to encourage reporting and address concerns.
Post-Brexit visa schemes increased worker vulnerability
The Guardian ?
Visas created hastily to solve labour shortages as a result of Brexit have put workers at greater risk of modern slavery and exploitation, according to a study by a coalition of universities and charities. The study found that strict conditions on agricultural and care visas expose workers to "hyper-precarity" and increase their vulnerability to exploitation. Workers on the schemes faced issues of debt and deductions from wages due to illegal recruitment fees and high visa charges. The study also highlighted deception by intermediaries and the fear of immigration enforcement action, which deterred workers from reporting mistreatment. The research team stressed the need for easier job mobility to reduce workers' vulnerability and called for better enforcement of employment rights and improved funding for government agencies.
CASES
Calling a female colleague glamorous is belittling, tribunal says
Daily Mail / The Daily Telegraph / The Times ?
Describing a woman as "glamorous" at work could potentially undermine or belittle them, according to an employment tribunal. The ruling came in the case of Jeniffer (sic) Campbell, a Black beauty pageant-winning barrister who sued for discrimination after being called "glamorous" by her boss. While the tribunal rejected her racism claim, it concluded that using the word could breach workplace laws. Employment judge Sophie Park stated that being described as glamorous in a business context could be seen as undermining or belittling. The tribunal dismissed the barrister's case of race harassment and discrimination, ruling that the comment had no racial connotation.?
Judge says calling pregnant women 'emotional' at work is discrimination
Describing pregnant women as “emotional” at work is discrimination, a judge has said, warning bosses to avoid “stereotyping” and “dismissive and belittling” language. The comments came in a tribunal ruling that backed an account manager at Mitie, the facilities management company,?whose boss said she was being “very emotional and tearful” in the office, and portrayed her as “hormonal” when she raised concerns about her workload. Nicola Hinds told the tribunal that she was “inexcusably” ignored by her manager and that she resigned because she was so poorly treated when she returned to work after the birth of her child. Hinds, who represented herself before the tribunal, is now set to be paid compensation after a judge upheld her claims of?pregnancy discrimination?and constructive dismissal.
领英推荐
Woman fired over morning sickness wins compensation
A pregnant woman who was fired after taking three days off for morning sickness has won a discrimination case against her employer, Hiflow Property Services. The tribunal ruled that Amy McLaren was fired because she was pregnant and ordered the firm to pay her ￡22,150.33 in compensation. McLaren had never received any formal warnings before her pregnancy. The judge ruled that McLaren's dismissal was an “overt act” of pregnancy discrimination. The employer failed to produce evidence to support additional claims against McLaren.
Female head teacher sexually harasses male teaching assistant with inappropriate comments
Daily Telegraph / The Daily Telegraph / The Times ?
A female head teacher sexually harassed a male teaching assistant by making inappropriate comments about his appearance in Speedos, according to an employment tribunal. The judge ruled that such remarks have no place in the modern workplace and should be treated with the same scrutiny as comments made by older men to young women. The teaching assistant, Nikoloz Papashvili, took the school to the tribunal after being dismissed for taking a holiday. The tribunal ruled in his favour, awarding him ￡9,309 in compensation and revoking an anonymity order. The tribunal heard that Papashvili was sexually harassed on seven occasions by the head teacher, Shelagh O'Shea, who made remarks about his body and Speedos. The tribunal also found that the investigation leading to Papashvili's dismissal was unfair.
Making female train driver work Saturdays is not sex discrimination, tribunal rules
BBC News / London Evening Standard / The Independent UK ?
A female Tube driver had her request for alternate Saturdays off rejected by London Underground. Nicola Jones, who had been working for the company since 2001 and had a child in 2013, asked for opposite shift patterns to her husband, who is a bus driver required to work every weekend. The employment tribunal ruled that asking Jones to work on Saturdays did not amount to sex discrimination, as there was no evidence to suggest a hypothetical male would have been treated differently. However, the tribunal found that London Underground did not act reasonably in the way it dealt with Jones's request and awarded her ￡2,720 in compensation.
Payout for lab assistant compared by boss to ‘man who killed MP'
BBC News / Daily Mail / London Evening Standard / The Times ?
A lab assistant has won a discrimination payout after his former manager claimed he had been radicalised. Waqas Rai was sacked from his university placement job and later discovered that his manager had compared him to the man who killed an MP. The manager's comments were recorded during a lecture and uploaded online. The undisclosed settlement reached between Rai and Micropathology, the lab services company, does not admit liability but includes an expression of regret by the company and a commitment to equality and diversity training. Rai, supported by the Equality and Human Rights Commission, stated that the incident affected his mental health and made him anxious about working in the industry. Baroness Kishwer Falkner, chairwoman of the Equality and Human Rights Commission, condemned the comments and emphasized the importance of a discrimination-free workplace.
Christian social worker sues care firm
A devoutly Christian social worker, Felix Ngole, is bringing legal action against his employer, Touchstone Support, after being denied a job due to his beliefs on homosexuality. Ngole claims that if he loses the case, it will set a precedent for discrimination against religious employees. Touchstone bosses allegedly told Ngole during a second interview that unless he could demonstrate how he would “embrace and promote homosexual rights,” the job offer would be withdrawn. Ngole's legal challenge includes claims of direct discrimination, harassment, and breaches of the Equality Act 2010. Lawyers for Touchstone are expected to argue that revealing Ngole's Christian beliefs on homosexuality would cause distress to their service users.
DIVERSITY
More companies offer staff free testing for ADHD
The UK’s largest long-term savings and retirement business,?Phoenix Group, has joined a growing list of companies offering to test workers for attention deficit hyperactivity disorder (ADHD) amid concerns that NHS delays are leaving many without support. The entertainment giant Disney is now also offering all employees ADHD and autism assessments under its private healthcare service. The?Telegraph?notes that magic circle law firms Clifford Chance, Freshfields Bruckhaus Deringer, and Allen & Overy have all introduced workplace schemes which help lawyers with ADHD diagnostics and support. PwC UK also provides testing for neurological conditions including dysgraphia, a disorder where people have difficulty reading and writing.
WORKPLACE
Women working in the financial services less satisfied with pay
The majority of women working in the financial services sector believe they are unfairly paid, according to a study by eFinancialCareers. The survey of 6,000 respondents revealed a significant gender pay gap, with just 23% of women feeling fairly paid compared to men. The pay gap in the sector is over 20%, with men earning an average of ￡55.16 per hour compared to ￡45.46 per hour for women. Salary satisfaction was found to change throughout a career, with women feeling less satisfied as they progress. The study also highlighted a job security gender gap, with 58% of men feeling secure in their jobs compared to 48% of women. The financial services sector has the widest gender pay gap in the UK, according to a report from the Commons Treasury committee. The report recommended widening the threshold for reporting on gender pay gaps to include companies with more than 50 employees. In 2022-23, the average pay gap in financial services companies was 23.7%, compared to 11.7% in other industries.