Scores more Al-Fayed accusers come forward, New law demands action on harassment, More women accuse tribunal judge of bullying
Gary Carney
Head of TBG Specialist Groups | Employment, Commercial, Family, Property, Tax, Personal & Complex Injury
THE HOT STORY
Scores more Al-Fayed accusers come forward
BBC News ? Financial Times ? New York Times ? The Daily Telegraph ? Daily Mail ? The Guardian ?
One of the barristers representing dozens of Mohamed Al-Fayed’s accusers has said that over 100 more women have come forward since a BBC documentary on the former Harrods owner was aired. Bruce Drummond said the cases were “rapidly evolving and expanding every day” while another barrister for the victims, Dean Armstrong KC, told a news conference that the case “combines some of the most horrific elements of the cases involving Jimmy Savile, Jeffrey Epstein and Harvey Weinstein”. Gloria Allred, a high-profile women’s rights lawyer, said Harrods was a "toxic, unsafe and abusive environment" under Al-Fayed’s stewardship and that this “is a teaching moment for Harrods” and for corporations all over the world. Harrods is accused of not only failing to intervene but also helping to cover up allegations against Al-Fayed. Fulham Football Club and The Ritz Paris, which were also owned by the tycoon, are now being investigated. Michael Ward, the current managing director of Harrods, is under pressure to prove the company has changed and to compensate Al-Fayed’s victims. Meanwhile, journalist Chris Atkins has revealed how Britain’s libel laws prevented the airing of undercover footage he took of PR expert Max Clifford in 2008 describing Al-Fayad’s crimes. The clips were handed to police a couple of years later and used as evidence in a criminal case against Clifford.
EMPLOYMENT LAW
New law demands action on harassment
City AM ?
As of October 26, the Equality and Human Rights Commission (EHRC) has mandated that employers must take reasonable steps to prevent sexual harassment in the workplace, as the Worker Protection (Amendment of Equality Act 2010) Act comes into force. This new legal duty requires proactive measures, such as developing an anti-harassment policy and conducting regular risk assessments. Baroness Kishwer Falkner, chairwoman of the EHRC, emphasised that “sexual harassment continues to be widespread and often under-reported,” highlighting the need for employers to ensure a safe work environment. The updated guidance also allows for increased compensation in sexual harassment claims.
More women accuse tribunal judge of bullying
BBC News ?
Three more women have accused a judge of bullying during employment tribunal hearings. They say Judge Philip Lancaster was belittling and intimidating and made them feel stupid while they presented their cases. One said she felt his behaviour in her case verged on psychological abuse. The three women have spoken out following?a BBC report in April?in which five women accused Lancaster of bullying and sexist behaviour. A spokesperson for the Judiciary Office, which supports the judiciary across courts in England and Wales, said judges cannot comment on matters of conduct due to constitutional arrangements. It said allegations of misconduct in court can be referred to the Judicial Conduct Investigation Office. The three women all appeared before Judge Lancaster at the employment tribunal in Leeds between 2021 and this year.
'Right to switch off' laws for workers might not be in place before 2026
The i ?
The i has heard from business and political sources that the government’s pledge for new workers' rights may not be in place until 2026. Ministers have insisted that they will introduce the Employment Rights Bill within the government’s first 100 days, but it is said that the initial legislation will not contain the full range of workers' rights measures promised during the election campaign. Labour will instead introduce secondary legislation and use nonlegislative methods to introduce further rights for employees over the next year. Full implementation is not likely until 2026. One senior business insider said: "There is very little detail on any of the moves and we expect the bill to be quite thin, with more detailed policies being brought forward in secondary legislation. There will not be a rush to impose the new laws on employers and it is unlikely they will even become law within a year and will then likely be followed by a period before being enforced . . . We also expect many of the initial proposals for the bill and subsequent legislation to be watered down to satisfy demands from business."
Staff back move to limit out of hours contact
City AM ?
Most people support the government’s plans to restrict employers from contacting staff outside working hours, according to a survey commissioned by the Autonomy Institute think-tank. The poll saw just 17% of respondents say they oppose the move. Autonomy has urged ministers to copy legislation from France and Portugal which includes financial penalties for employers who choose to ignore the policy. Will Stronge, director of research at the think-tank, said: “Giving too much power to employers to dictate the terms of new ‘Right to Switch Off’ legislation could risk seeing the policy fall by the wayside.”
Workers face epidemic of long hours
Daily Mirror ? The Independent ?
The Institution of Occupational Safety and Health (IOSH) says that many workers are clocking in an average of two extra unpaid hours weekly. A survey of 1,000 workers found that over half reported working while feeling unwell, with one in four exceeding the legal 48-hour work week limit. Ruth Wilkinson, head of policy at IOSH, said: “This cannot continue. Our survey results show there is an epidemic of people working long hours – often without pay – and with people working while ill or on holiday.” The majority of respondents supported a proposed initiative by the Labour government to ensure employees have the right to “switch off” after hours, agreeing with the need for a better work-life balance.
‘Burdensome’ employment laws could hurt SME growth
City AM ?
Thousands of small businesses risk closure if plans to end probationary periods for employees without specific exemptions go ahead, employment platform Employment Hero has warned. New employment laws announced by the government will see probationary periods scrapped, with employees granted day one rights. The reforms will also see flexible contracts banned and workers granted a right to switch off. Kevin Fitzgerald, HR chief at Employment Hero, predicts that the changes will disproportionately harm small businesses. Urging ministers to exempt the smallest firms from the removal of probation periods, he described this regulation as the “most burdensome” of the new employment laws and warned that it is likely to stifle growth in the sector.
MPs urge Asda to negotiate with union on pay
Daily Mirror ?
More than 150 MPs have signed a letter to TDR Capital, the private equity co-owners of Asda, urging the supermarket to commence negotiations with the GMB union regarding a significant equal pay claim. The claim involves 60,000 current and former retail workers, with the GMB asserting that Asda's staff are owed over £2bn in back pay due to a pay disparity between predominantly female shop workers and mostly male warehouse workers. Nadia Whittome, MP for Nottingham East, urged: “Now is the time for Asda to begin seriously considering how to address the issue of pay discrimination.” The GMB's national officer, Nadine Houghton, expressed hope that political support would help rectify the situation, emphasising that low-paid women workers have long supported retail giants without fair compensation. Asda has denied any gender influence on pay rates, asserting that different roles have distinct skill sets and pay structures.
Amazon gets £1bn government contracts despite 'union busting' legal challenge
The GMB union is urging the Labour Party to favour companies that recognise unions when awarding government contracts. The call comes after?Amazon received over £1bn in taxpayer-funded contracts despite facing allegations of union-busting tactics. GMB General Secretary Gary Smith said: “The government needs to be absolutely clear with Amazon – if they want to keep trousering hundreds of millions of taxpayer cash, they need to treat workers with respect.” The union's motion, to be presented at the Labour Party conference, demands that public bodies consider union recognition when deciding on contract awards. Amazon has defended its practices, asserting that it values direct engagement with employees and that attendance at meetings was voluntary. A government spokesperson reiterated a commitment to economic growth and better workers' rights, with plans to publish a new National Procurement Policy Statement in February.?
Former EHRC chair laments increase in 'institutional censorship'
Writing in the Times, Trevor Phillips, former chair of the Equality and Human Rights Commission, contends that efforts to protect minorities in law are being overtaken by a “Stalinist charter for conformity” as the boardrooms of campaigning charities, management consultancies and human resources departments effectively write new rules on behaviour and speech that are “neither debated in parliament nor written into statute" but are “becoming the kind of custom and practice before which even courts will bend.”?
Equal pay for women cricketers
Daily Mail ? The Guardian ?
Starting from next year, women's starting salaries in professional domestic cricket will match those of their male counterparts, the England and Wales Cricket Board (ECB) has said. The initiative aims to make a cricket career "enticing" for young women, according to Beth Barrett-Wild, the ECB director of the women's professional game. Additionally, each of the eight first-class counties with tier one status must invest a minimum of £500,000 in players' wages as part of the women's domestic structure overhaul set for 2025. A salary cap of £800,000 and minimum squad sizes of 15 contracted players have also been established. "Equalising starting salaries across our men's and women's professional domestic game is another positive step forward for women's cricket in England and Wales," Barrett-Wild said.
NHS uses VR to tackle discrimination
The Guardian ?
NHS staff will be given training designed to create a better understanding of the experiences of colleagues from ethnic minority backgrounds. The initiative, called “Walking in the shoes of …” involves participants wearing a virtual reality (VR) headset and watching videos depicting instances of racism and discrimination within an NHS setting. The clips are based on the transcripts of 133 interviews with NHS employees describing their own experiences of racism while working.
DIVERSITY, EQUITY & INCLUSION
Top barristers in revolt over diversity plans
Leading barristers have voiced concern over plans to boost diversity in the profession. Under proposals put forward by the Bar Standards Board, barristers would have a professional duty to act in a way that advances equality, diversity and inclusion – and potentially face disciplinary action if they fail to do so. In a letter to the chairman of the Bar, Andreas Gledhill KC and former Justice Minister Lord Wolfson said that while they “unequivocally” support equal opportunity and opposed discrimination in “all its forms,” the plans involve “vague, uncertain and in some cases highly subjective” value judgments that had no legal basis. The letter warns: “The Bar Standards Board’s objective of imposing conformity with its equality, diversity and inclusion agenda by way of binding professional obligations, on pain of disciplinary proceedings, is coercive, illiberal and dangerous.” Separately, Akua Reindorf KC, a commissioner at the Equality and Human Rights Commission, has said the duty is “deeply problematic” and “extremely poorly explained.”
CASES
Admin worker who accidentally abused customer wins £5,000 for being unfairly sacked
Sky News ? Daily Mail ? London Evening Standard ? Metro ?
A former administrator at Vale Curtains and Blinds has won £5,484.74 in an unfair dismissal claim after being sacked for accidentally forwarding an email that referred to a customer as a "twat." The incident occurred while Meliesha Jones was addressing a customer complaint, and she mistakenly sent the message to the customer instead of a colleague. She wrote: "Hi Karl - Can you change this . . . he's a twat so it doesn't matter if you can't." An employment tribunal found that the dismissal process was flawed and aimed at appeasing the customer rather than following fair procedures.?Employment?Judge Akua Reindorf KC said the company had "decided to sacrifice the claimant's?employment?for the sake of appeasing the customer and heading off bad reviews, and wholly unreasonably failed to consider other more proportionate ways of achieving the same outcome."?The language used was "not out of the ordinary in the particular workplace," she added.
Former police officer wins £1.1m
BBC News ?
A former police officer has received £1.1m in compensation after a tribunal ruled she had been?discriminated?against. Katrina Hibbert was a safeguarding sergeant with Thames Valley Police,?working?with victims of child sexual and drug exploitation in Cherwell and West Oxfordshire. She started a party and events business as a "positive outlet" to help her cope with the stress of her job, the tribunal?heard. But she resigned from the force after it withdrew permission for her to run the business while she was off sick, which a judge found to be?"discrimination?arising from her disability."
WORKPLACE
Office workers could soon be filmed all day at their desks
Metro ?
BT is trialling new continuous authentication software which monitors employees at their computers in an attempt to enhance cybersecurity. The technology, currently at the proof-of-concept stage, aims to ensure only authorised personnel access sensitive systems. It can also track users' emotions in real time, alerting them if they appear tired or stressed. Former British Intelligence Officer Ben Owen highlights the increasing sophistication of cyber threats, saying: "Businesses need to adapt." However, concerns about privacy and the potential for discrimination via emotion recognition technology have been raised. Susannah Copson from Big Brother Watch warned that such surveillance could undermine workers' rights and create a culture of fear. BT emphasised that the primary focus of this research is on security, not employee monitoring.
Amazon and UK government at odds over working from home
BBC News ?
Amazon is ordering its staff back to the office five days a week, just as the UK government pushes for rights to flexible working - including working from home - to be strengthened, writes Tom Espiner. The tech giant is saying employees will be able to better “invent, collaborate, and be connected” at the same time as the UK government is linking flexibility to better performance and a more productive, loyal workforce.?The calculation by Amazon appears to be that what evidence there is for increased productivity among employees who work in part from home fails to capture the particulars of how they operate, Espiner notes.
WHISTLEBLOWERS
FCA chair cleared in whistleblowing case
City AM ? Financial Times ? The Times ?
Financial Conduct Authority (FCA) chairman Ashley Alder has been cleared of wrongdoing following an investigation into his handling of a whistleblower complaint. A former FCA employee last month claimed that Alder failed to keep their identity secret, with a second former employee making a similar claim shortly after. However, an internal review led by senior independent director Richard Lloyd found that while Alder did not follow the watchdog’s policies “to the letter . . . he had sought to ensure the concerns raised, if appropriate, were acted on.” Lloyd has recommended steps to strengthen the FCA’s internal whistleblowing policy, by making clear that some communication may need to be shared internally on a confidential ‘need to know’ basis so it can be reviewed fully.
Police Scotland criticised over whistleblowing
BBC News ?
Police Scotland is facing allegations from a female detective inspector who claims the force failed to address her serious concerns about fellow officers. Her solicitor has written to the Justice Secretary and MSPs, saying that her client is pursuing legal action for sex discrimination and unfair treatment after whistleblowing. The letter highlights a culture of misogyny and sexism within the force, with the detective alleging she felt "scared" of a senior officer who made inappropriate comments about her appearance. Margaret Gribbon, the solicitor, said: “Police Scotland has confirmed that it will not take any action in response to my client's gravely serious disclosures.” Scottish Conservative justice spokesman Russell Findlay expressed concern over the handling of the case, emphasising the need to reform Scotland's police complaints system.