Author Archives: Shama Solicitors Admin

Gagging clauses are good

A tidal wave of public opinion is threatening to derail confidentiality agreements between employees and employers that can be in the interests of both. Prime Minister Theresa May told the House of Commons in October 2018 that the government would … More

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Tribunal cases surge

The number of employment cases has rocketed by 39% since tribunal fees were scrapped last year. The government’s Advisory, Conciliation and Arbitration Service (Acas) reports that claims made to them as the first step to an employment tribunal have increased from 1700 … More

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Was Boris guilty of discrimination

When Boris said that women wearing burka’s looked ridiculous, like letter boxes and bank robbers, did he break any laws? Since ‘Boris is Boris’ and most people will accept his eminent expertise on looking ridiculous, could his words lead to … More

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Good employer loses appeal in migrant right to work case

Foreign workers have a right to appeal if they face dismissal over doubts about their UK residency status, appeal judges ruled. The Employment Appeal Tribunal made a ruling in an unfair dismissal case brought by Pakistani worker, Fahim Afzal, against … More

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New law on using personal data

New legislation will greatly increase the compliance burden on employers when they manage employee personal information. Failure to comply can result in a maximum fine of 4% of their organisation’s global turnover. Employers will now have to use clear language … More

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Sex discrimination roles reversed

A woman’s ‘blow job’ quip to a male employee was sexual discrimination, ruled an Employment Tribunal. This case is unusual in that the roles were reversed and it was a man who complained of the sex discrimination. In Elworthy v … More

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Dad scores victory for equal paternity pay

A father won his discrimination claim demanding equal pay for paternity leave with mothers who took maternity leave. In the employment tribunal, in the case of Mr Ali v Capita Customer Management Limited 2017, the judge ruled the father was … More

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Supreme court rules it’s discrimination even if you don’t know why

A ground-breaking court case ruled that employers will be guilty of discrimination even if they do not know why their procedures are at fault. The case was Essop -V- Home Office, and the court looked at ‘indirect discrimination’, where an … More

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Employers given green light to ban religious headscarves

After complicated rulings by European judges on wearing religious symbols at work, employers need policies that do not discriminate. The European Court of Justice (ECJ) heard arguments in the case, Achbita and anor v G4S Secure Solutions NV (Case C-157/15). … More

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Damages awarded must equal damage inflicted

An investment firm won their £15m legal claim for stolen data by two former employees but was only awarded £2. In Marathon Asset Management LLP & Ors v Seddon & Ors 2017, the Honourable Mr Justice Leggatt, last week (28 … More

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