Tribunal cases expected to increase as UK employers push back on remote working, Conservatives announce plan for visa cap for foreign workers

THE HOT STORY

Tribunal cases expected to increase as UK employers push back on remote working

The Guardian ?

Lawyers and HR experts predict a surge in employment tribunal cases as companies scale back remote working arrangements. Some companies are advocating for a full?return to the office, while others are enforcing a minimum number of days in the workplace. The number of employment tribunals mentioning remote working increased by 50% in 2022 compared to the previous year, data from HR consultancy Hamilton Nash shows.?“I?would expect more tribunal cases on working from home,” said Jim Moore, an employee relations expert at Hamilton Nash. “We’re seeing significant tensions between flexible working requests from people keen to secure their hybrid arrangements and employers pushing?people back into the office.” The?Guardian?notes that lawyers say some employers have become emboldened after an employment tribunal earlier this year?rejected the case of a senior manager who sued the City watchdog because she wanted to work at home?full-time. Elizabeth Wilson, a senior manager at the Financial Conduct Authority (FCA), had her demand quashed by a judge, who said the regulator was within its rights to deny the request.?Richard Fox, a partner at Keystone Law, said the FCA case was significant?and closely watched. “The FCA case was not binding but employers have felt it is an important case to consider . . . The issue is becoming a battleground and we advise employers to play it very carefully.”

EMPLOYMENT LAW

Conservatives announce plan for visa cap for foreign workers

BBC News? ??The Daily Telegraph? ??The Times? ??Daily Express ??Daily Mail ??Express.co.uk ???I ??The Independent UK ??The Sun ?

Prime Minister Rishi Sunak has set out plans for the introduction of an annual cap, reducing each year, on visas for foreign workers and their dependants. Mr Sunak?said the government had "taken bold action to cut the number of people coming to this country," and that its plan is "working but migration levels are still too high, so we are going further." Under the proposals, parliament would vote each year to set the?level of the cap for skilled workers, informed by advice from the Migration Advisory Committee - although undergraduates and temporary workers would be exempt from the cap. Shadow home secretary Yvette Cooper described the proposed cap as "a meaningless announcement?from a Tory party which has trebled net migration since the last election despite promising to bring it down."

Labour pledges migrant care worker investigation

The Guardian ?

Shadow home secretary Yvette Cooper has said that if Labour wins the general election, the government will launch "a full investigation" into reports of the alleged?exploitation of migrant social care workers to ensure that "standards are upheld and exploitative employers are prosecuted." The government, she said, "has turned a blind eye to widespread exploitation of migrant care workers, putting vulnerable people at?risk and undermining our immigration system and standards," while stories "of people being unfairly charged thousands of pounds by agencies and employers who are profiting from overseas recruitment are a total disgrace." Liberal Democrat health spokespersonDaisy Cooper has also called for the allegations to be "investigated with urgency."

Visa sponsorship system fuels exploitation

The Guardian ?

Experts have raised concerns about the exploitation of migrant care workers in the UK, describing the situation as a national scandal with hallmarks of trafficking?and modern slavery. Many foreign workers who paid agents thousands of pounds to secure jobs in British care homes have found limited or no employment upon arrival. They are now struggling to pay off debts and working in irregular jobs for below minimum wage.?The Royal College of Nursing has called for a government inquiry into the treatment of migrant care workers.

Seasonal businesses worry about zero-hours clampdown

The Daily Telegraph? ??

Hospitality and leisure bosses have warned that Labour’s plans to clamp down on zero-hours contracts would make it harder for seasonal businesses to attract staff.?Kate Nicholls, chief executive of UK Hospitality, which represents pubs, restaurants and nightclubs, said: “The key will be to make sure that the detail of the policy is right. Nobody wants to impose burdens on businesses that would cut across good employment?practices.” A Labour spokesman said: “Businesses will still be able hire seasonally and workers will be free to stay on a variable contract if that’s what works best for them – but we won’t put up with one-sided flexibility.”

TUC warns Labour: Increase public sector pay or risk strikes

Daily Mail ??Daily Mirror ??The Guardian ?

A Labour government risks public sector strikes if it fails to increase workers' pay, warns the president of the Trades Union Congress, Matt Wrack. He urged Labour?leader Sir Keir Starmer not to enforce tight public sector pay settlements, adding to the financial pressures facing Rachel Reeves if she becomes chancellor. Wrack also urged Sir Keir to resist pressure from business leaders to water down Labour’s workers’?rights plan. Separately, the Rail, Maritime and Transport union (RMT) has warned of an “even more vicious assault” on workers’ rights if the Conservatives win the general election, urging members to vote Labour.

Ford employees in UK plan strike over pay dispute

Daily Mail ?

Hundreds of Ford employees in the UK plan to go on strike later this month in a dispute over pay. The workers have rejected the company's offer of a performance-related?pay award. The strikes will severely impact all of Ford's UK operations. The employees taking industrial action work at various Ford facilities across the country. Unite, the union representing the workers, has accused Ford of attacking their members' pay?out of corporate greed. The union also claims that Ford has not engaged in meaningful negotiations. Ford has expressed regret over the outcome and said it hopes to resolve the matter through continued engagement with Unite and its employees. This strike follows?a major agreement reached between Ford and the United Auto Workers union in the US last year. Under that deal, Ford staff received a significant salary increase and the right to strike over plant closures.

Shareholders sue Boohoo over alleged mistreatment of workers

City AM ?

Investors are suing Boohoo in the UK over a 2020 report alleging its suppliers were mistreating workers. Boohoo's shares plummeted after the expose was published,?wiping more than ￡1.5bn off the online retailer’s market value. Now it’s emerged that law firm Fox Williams filed a lawsuit against Boohoo Group on behalf of a group of 49 institutional investors last month. “Boohoo is a prominent example of a company that?failed to live up to its environmental, social and governance (ESG) responsibilities and caused significant harm to investors. We believe that our clients have a strong case for compensation,” Andrew Hill, a partner at Fox Williams, said. “This is a landmark?case that will test the legal framework for securities litigation in the UK and the role of ESG factors in corporate governance and disclosure,” he added.

Jersey minister proposes change to Employment Law

BBC News? ??

Jersey's Minister for Social Security, Lyndsey Feltham, has proposed an amendment to the Employment Law that would allow her to change the minimum wage without?consulting the public. Currently, the Minister must refer to the Employment Forum, a non-political consultative body, before making any changes. However, Feltham believes it would not be appropriate to consult the forum within the next two years and wants?to bypass it to raise the minimum wage to the right level by the end of March 2026. The government aims to raise the minimum wage to two-thirds of the average salary in Jersey by the end of 2026. The proposal will be debated in the summer.

CASES

Former Essex cricket players and staff are guilty of historic racist behaviour but will face no charges

Daily Telegraph? ??

A number of former Essex cricket players and staff have been found guilty of historic racist behaviour, including using racist nicknames and taunting a Black teammate.?However, they will not face disciplinary action from the England Cricket Board's (ECB) Cricket Regulator. The independent report by Katharine Newton KC exposed a culture of racism at Essex, where racist slurs were normalised. Minority ethnic players were afraid?to speak up for fear of damaging their careers. The report also upheld an allegation of racially offensive language used by the former Essex chair. Essex could still face punishment for presiding over a discriminatory culture. The Cricket Regulator, an independent?body set up by the ECB, is responsible for enforcing regulations and compliance. The experiences outlined in the report align with interviews given by former Essex players. Essex has issued apologies and says it is working on implementing recommendations for?equality, diversity, and inclusion measures.

British Indian repeatedly misnamed was ‘victim of race harassment'

The Daily Telegraph? ??The Times? ??

A bathroom salesman who was repeatedly misnamed by his boss was a victim of race harassment, a tribunal has found. Viveak Taneja was called “Vikesh” four times?in one day by sales director Dana Davies despite being corrected. The judge awarded Taneja over ￡9,000 and stated that his dignity had been violated. The incident occurred after Taneja was late picking up his boss, resulting in a tense journey. Despite being?corrected multiple times, Davies continued to use the wrong name. Taneja referred to Davies as both an "idiot" and a "racist" before being dismissed. The judge described Davies' behaviour as arrogant and lacking respect.

Artisan bakery ordered to pay ￡30k in sexual harassment case

Daily Mail ??The Times ??

An artisan bakery in Derby has been ordered to pay over ￡30,000 to a doughnut decorator who was sexually harassed by a male colleague. Holly Merriman, who was 17?at the time, was grabbed, bear-hugged, and called a "pot washer" by Oliver Horn, one of the bakers at Project D. Merriman's working relationship with Horn had deteriorated after she rejected his advances. Despite reporting the incident to management, her complaint?was ignored. Merriman won her claim for harassment and victimisation and was awarded ￡31,410 in compensation. The bakery, founded by Max Poynton, Jacob Watts, and Matthew Bond, moved from kiosks to pop-up shops and a home-delivery service during the pandemic.?Merriman's role was to decorate doughnuts prepared by bakers, including Horn.?

Hedge fund tycoon sues FT for libel

The Daily Telegraph ?

Crispin Odey, the hedge fund tycoon, is suing the Financial Times for libel over allegations of sexual harassment. The legal claim for defamation, libel, and slander?was filed by Odey, who has hired legal firm Gardner Leader to bring the action in the High Court. Last year, the Financial Times published allegations about Odey's treatment of women. Thirteen women claimed to have been abused or harassed by him. Odey's lawyers?have denied all the allegations. The Financial Conduct Authority closed an investigation into Odey's hedge fund in December but continues to investigate whether he is a "fit and proper" person to work in the financial services sector.

DIVERSITY, EQUITY & INCLUSION

The Barrister Group welcomes its largest-ever cohort of pupils

Law Gazette? ??Solicitors Journal? ??

The Barrister Group (TBG) has recruited 10 pupils after more than 500 candidates completed initial screening. All ten have been told that they will have an opportunity?for tenancy after completing their pupillage. “Provided that the pupils achieve requisite professional standards, there will be no competition or a limited number of tenancies,” TBG said. TBG co-founder Harry Hodgkin said: “This is a new dawn for bar recruitment.?We are now in a position to invest in recruiting the best people from the most diverse range of backgrounds possible and ensuring they receive the work and experience they need to kickstart their careers. We believe that TBG in many ways heralds the future?of the bar.”?Lauren Coupar-Evans, TBG’s barrister membership officer, highlighted the diversity and strengths of TBG's largest-ever cohort: “The diversity of this cohort shows that there is no ‘typical’ TBG pupil. What they share is good experience, empathy,?initiative, commercial mindedness, and a passion for access to justice . . . They are evidence that our new recruitment process works. It has taken time and effort to make it as rigorous and fair as possible, pointing the way for others at the bar.”

Report reveals challenges faced by minority students in legal education

Law Gazette? ??Legalcheek? ??

Students from minority groups in legal education face racism, bias, and low expectations, according to a report commissioned by the Solicitors Regulation Authority?(SRA). The report highlights the lack of representation of minority students among staff, microaggressions and bias in the classroom, and the impact on students' confidence and opportunities for legal work. The report suggests actions such as better support?for minority students, contextual recruitment by law firms, and increased ethnic diversity in leadership positions. The SRA plans to bring together law firms, education providers, and representative groups to address the differential outcomes. The Law Society?also expressed its willingness to collaborate in addressing the disparities in outcomes by ethnicity.

WORKPLACE

More countries give workers the ‘right to switch off’

Sunday Times? ??

An increasing number of countries are introducing laws prohibiting larger employers from contacting their staff outside of normal working hours. Under Portugal’s?"Right to Disconnect" law, violators can be fined up to €10,000, while several European countries and five South American nations are adopting similar legislation. The UK's Labour Party has also discussed plans to introduce a "Right to Switch Off" if it wins?the upcoming general election, saying that workers need to be allowed to disconnect to maintain motivation and resilience. Labour says it plans to model its own law on the rules in Ireland and Belgium, two of the countries with less onerous "right to disconnect"?legislation. Maura Connolly, head of employment law at Addleshaw Goddard Ireland, says that although the code in Ireland is called "the right to disconnect," it "does not actually create an independent right which can be the basis of a legal claim." As a result,?cases cannot be taken to a tribunal to allege that the code has been broken. However, such a breach can be used to support other claims under working hours legislation. Some critics argue that such laws can create practical challenges and hinder communication?during urgent situations.??

JLR introduces menopause support

BBC News? ??

Jaguar Land Rover (JLR) has introduced a policy to support staff going through the menopause. The new policy, developed with input from workers and diversity networks,?offers changes to workwear, flexible working, additional breaks, and access to fans. It also includes support for pregnancy loss, extended adoption and surrogacy leave, shared parental leave, and doubled paternity pay. Claire Parker, head of diversity and?inclusion at JLR, stressed the importance of feeling supported at work, adding that the company will continue to evolve and improve its policies based on feedback from colleagues, employee-led networks, and trade unions.

Misogyny ‘puts women off joining Police Scotland'

The Times? ??

Women are being put off joining Police Scotland because of high levels of misogyny in the force, according to the Scottish Police Federation. The gender split in?the force has consistently widened over the past two years, despite efforts to attract more female recruits. Reports of sexism and misogyny within the force have become a significant issue, with several prominent cases coming to light. The federation warns?that revelations of sexism and misogyny are the biggest challenge to attracting female recruits. The force has been at the centre of investigations into racist and misogynistic WhatsApp messages, and there has been a victimisation claim by a former armed response?officer. A recruitment report also revealed that male applicants were failing the vetting process at a higher rate than female applicants. Police Scotland says it acknowledges the challenges in the employment market and plans to host female-focused recruitment?events.

City law firm warns partners of negative performance reviews for not being in the office

The Times? ??

Partners at law firm Addleshaw Goddard have been warned that not spending at least three days a week in the office may result in negative performance reviews. The?firm is the first in the City to implement such a policy. Andrew Johnston, the firm's managing partner, stated that partnership performance reviews were being linked to office attendance because "nothing can replace the benefits to client service and firm?culture that come from being physically present together." Johnston said?that there were "benefits from having some flexibility in our working week" and that "hybrid working patterns are undoubtedly evolving." However, he stated that "spending time togethercan give us a real competitive advantage."

WHISTLEBLOWERS

Whistleblowers under pressure to not use hotlines

Reuters? ??

More than half of whistleblowers have felt pressured not to use internal hotlines to raise red flags at large global businesses and public bodies, according to?a global EY survey. The number of organisations without a whistleblowing hotline has halved since a similar survey in 2022. However, 54% of those who have used such channels said they faced pressure not to do so. The survey, which involved 5,464 board members,?senior managers, managers, and staff in 53 countries and territories, revealed that employees fear they would be ignored and their careers hampered if they speak up. Almost a third of respondents also feared for their personal safety. Four in 10 board members?said they had faced retaliation themselves or witnessed adverse consequences towards someone who reported misconduct. "Individuals must be made to feel safe, and they should also know that their concerns will be acted on, without any consequence," said Andrew?Gordon, EY's global forensic & integrity services leader. The survey also showed that more employees would consider dishonest behaviour than two years ago, with nearly 40% of all respondents and two-thirds of board members willing to behave unethically to?improve their career or financial position.?