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Hello!
Welcome to this months update.
We're happy to be back after a quick summer break, and we've got tribunal cases bursting at the seams this month.

We're covering an issue surrounding Positive Discrimination in the RAF, in a case that reminds us that even with the best intentions it's still possible for employers to fall foul.

For those that attended our recent webinar on religious and philosophical beliefs, the case of Fahmy v Arts Council England is another good reminder of the delicate balance that needs to be struck in a controversial debate.

And whilst the new legislation surrounding sexual harassment is making progress, we've got the latest information employers need to know to proactively prevent harassment in the workplace.

Enjoy this month's update and as always, let us know if you have any questions.

See you in October!

Stephen
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New Case Law
A Hogg v Dover College Dismissal
This recent Employment Appeal Tribunal case centres around a unilateral variation of contract amounting to termination of one contract and replacement by another (as in the earlier case of  Hogg v Dover College). Here's the latest on Jackson v University Hospital of North Midlands NHS Trust.


Protected Disclosure in Whistleblowing Claims
In the recent case of Kealy v Westfield Community Development Association the Employment Appeal Tribunal overturned the tribunal’s finding that the claimant had not been subjected to detriments on grounds of whistleblowing.

Dual Employment
Can a person be an employee or worker of two different employers at the same time in respect of the same work?

Ofsted inspector who touched a pupil was unfairly dismissed
The Employment Appeal Tribunal has held, in the recent case of Hewston v Ofsted, that an experienced Ofsted inspector who was summarily dismissed after touching a pupil’s forehead and shoulder to remove rainwater, was unfairly dismissed.

Gender Critical Belief Discrimination 
The latest on the remedy hearing for the landmark Forstater v CGD Europe Limited case.



Arts Council England found guilty of harassment of employee related to protected ‘gender critical’ belief
This case is a reminder of the delicate balance which employers must reach when dealing with both sides in a controversial debate.


RAF guilty of positive discrimination in drive to increase number of female and ethnic minority recruits 
A case that reminds us that even with the best intentions it's still possible for employers to fall foul.

Employment status: does the agreement reflect the reality of a relationship?
In Plastic Omnium Automotive Ltd v Horton the Employment Appeal Tribunal found that an ET had been wrong to conclude that the claimant was a worker of the end-user where it separately concluded that the written agreement between the claimant’s service companies and the end-user was an accurate reflection of the reality of the relationship.

Unfair Dismissal
Ahmed v Nat West is a startling example of the importance of following due process even where very serious allegations are involved.


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News & Events
How Sexual Harassment Harms Psychological Safety...and what to do about it

Given the current demand for up to date info, the increase in cases and the high profile press coverage, we're running this session for a second time.

Join Tracey & Tim for a close look at the pending changes in legislation around sexual harassment; currently, it's changing at a rate of knots so this session will be invaluable if you are looking for more (and better) ways to ensure your workplaces is psychologically safe.


Legislation allowing agency workers to cover for striking workers is quashed by the High Court following Judicial Review
Back in Spring 2022 the Secretary of State, through the passing of the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (the Regulations), revoked the historic prohibition on employers using agency workers to replace striking workers. Read the latest..

Bias & Bad Manners: How to Call out Micro-incivilities at work
In this webinar designed for HR professionals, two leading industry experts will introduce the concept of Micro-Incivilities and the impact they can have on building an inclusive workplace.


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