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Author Archives: Darren Newman
ACAS early conciliation – first results
Acas has published its first figures on the operation of the early conciliation scheme that came into effect in April this year. The figures they have released cover the period of 6th April 2014 – 30 June 2014 and show … Continue reading
Why did Haringey pay Sharon Shoesmith so much?
It is being widely reported that the accounts published by Haringey Council reveal the amount that was paid to Sharon Shoesmith to settle her legal challenge to the decision to sack her back in December 2008 (note to the press: it was not an … Continue reading
Posted in Compensation and Remedies
Tagged Haringey, judicial review, settlement, Shoesmith
2 Comments
Is obesity a disability?
It probably is – sometimes. It depends, really. In America it is well established that being obese counts as a disability (actually my only source for this is an episode of the Simpsons, but Matt Groening wouldn’t lie would he?). Here … Continue reading
Exclusivity in zero-hours contracts
There is a general political consensus that something must be done about zero hours contracts. So with some fanfare, the Small Business, Enterprise and Employment Bill published today contains a provision which ‘bans’ the use of exclusivity clauses. In other words an … Continue reading
Early conciliation: what will success look like?
I should say at the outset that I am a big fan of Acas in general and its conciliation service in particular. In the hundreds of cases that I have been involved in – representing both employers and employees – … Continue reading
Advising on Zero-Hour Contracts: RBS Mentor and the Independent
I’ve written before about zero-hours contracts and how difficult it might be to solve some of the problems associated with them. Whatever view you take of that debate, however, the fact remains that as the law stands they are perfectly … Continue reading
If it weren’t for the EU…
What would UK employment law look like if Britain had not joined the EU? The question occurred to me when I saw a Tweet from Hugo Rifkind during last night’s ‘in or out’ debate between Nigel Farage and Nick Clegg. Here’s … Continue reading
Will the new Health and Work Service help or hinder business?
The idea behind the new Health and Work Service is that it will save employers money by helping sick employees get back to work. The truth, as ever, is rather more complicated than that. The new service is reported by … Continue reading
Posted in Sick pay, Unfair Dismissal
Tagged burdens on business, Health and Work Service, Occupational Health, OH, Unfair Dismissal
4 Comments
How would Lord Rennard fare as an employee?
Lord Rennard is not an employee – and that is something he should be relieved about. He has been investigated under the Liberal Democrats membership rules, which allow a member to be expelled for conduct which brings the Party into … Continue reading
Posted in Equality Act, Harassment
Tagged burden of proof, Liberal Democrats, Lord Rennard, sexual harassment
1 Comment
Why did John McCririck lose his age discrimination claim?
So why did John McCririck lose? The simple answer is that I don’t know. And that’s a problem because I have read the 44 page Employment Tribunal decision. Explaining why one side has won and the other has lost is … Continue reading
Posted in Age discrimination, Employment Tribunals
Tagged burden of proof, Channel 4, McCririck
8 Comments
A Range of Reasonable Responses 