Archived Legal Articles from 2016

Employment & HR


Cricket Australia CEO defends policy despite claims it is discriminatory


Cricket Australia has come under scrutiny of late, amid calls that its policy of requiring female playing staff, under their contracts, to notify them if they become pregnant. The issue has caused significant tension between the Australian Cricketers Association (ACA) and Cricket Australia. However…

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Segregation of pupils in a faith school not discriminatory


In the case of R (On the application of The Interim Executive Board of X School) v Her Majesty's Chief Inspector of Education, Children's Services and Skills , The Interim Board of X School mounted a successful claim for judicial review of an Ofsted report, which had concluded that the School…

Victorious Uber Drivers


On Friday 28 th October 2016, a London employment tribunal has made what some believe to be a "monumental victory" ruling in relation to Uber taxi drivers and their status as a "worker" under the Employment Rights Act 1996. This decision means that they will be entitled to certain…

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Constructive Criticism or Constructive Dismissal?


Can the criticism of a teacher give them grounds to resign and claim constructive unfair dismissal? In the case of Bethnal Green and Shoreditch Education Trust v Dippenaar , the EAT concluded that a teacher had been subjected to an unjustified capability process with a view to securing her resignation…

The Icing on the Cake


The Northern Ireland Court of Appeal has finally handed down its decision on the "Gay Cake" case. This case, more formally known as Lee v Ashers Baking Company, has clarified the position of whether one person's religious beliefs outweighs another's sexual orientation. The family…

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Forbes Solicitors celebrates 31 Legal 500 Recommendations


Forbes Solicitors is celebrating after receiving 31 recommendations for its lawyers and services in the 2016 Legal 500 rankings. The leading North West legal firm is also delighted to reveal that Lucy Worrall, Partner and Head of Housing and Regeneration, based in Preston, has been included in the…

Workplace Pregnancy Discrimination


The Women and Equalities Committee has published a report espousing legal recommendations to address the documented surge in workplace pregnancy discrimination over the past 10 years. The proposals include:- · Increased protection from redundancy for new and expectant…

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Motherhood causes significant pay disparity between men and women


Across today's headlines is the news that recent Institute for Fiscal Studies (IFS) research shows the difference in pay between men and women in the same job is on average, a staggering 18%, and the earnings gap widens significantly after women have children. The issue revealed by the research…

Half of women feel sexually harassed in the workplace


A recent study has revealed that 52% of women surveyed have suffered some form of sexual harassment whilst at work. The Trades Union Congress and Everyday Sexism Project conducted the surveys which found that more than half of the women asked had experienced unwanted sexual behaviour at work, including…

Forbes launches new Employment & HR solution


A new Employment Law & HR solution has been launched by Forbes Solicitors to help businesses get the most out of their people, and to protect them against claims should the worst happen. HR Complete is a complete HR solution; providing a bespoke service of Employment & HR support, together…

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Article 8 Right to Privacy


Article 8, the Right to Privacy, is not engaged by an employer investigating emails How far can an employer go in investigating an employee's conduct where that conduct has had an impact on the workplace and / or their ability to do their job without encroaching upon an individual's right…

ADHD not a disability for the purposes of the Equality Act 2010


On the facts of a recent case heard by the Scottish Court of Session (Inner House) a student's Attention Deficit Hyperactivity Disorder (ADHD) did not qualify as a disability for the purposes of the Equality Act 2010 which might otherwise have meant that her exclusion/withdrawal from school was…

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Gender Pay Gap Reporting


In a long awaited move, the government has now published the draft Equality Act (Gender Pay Gap Information) Regulations 2016. The regulations are intended to come into force in October 2016, although employers will not be expected to publish the information immediately. The draft regulations set…

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20 Feb 2019

Employment & HR


Employment Appeal Tribunal finding on religious discrimination in nursery case

Ms De Groen had been employed as a teacher by Gan Menachem, an ultra-orthodox Jewish Nursery, since July 2012…

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2018-19 edition Legal 500

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2018-19 edition Legal 500

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