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Articles by Alice Finniear
Do Employers Need More Of A Backbone Post Higgs?
The legal tests around being discriminated against because of holding a particular belief are a minefield, requiring a balancing act between an employee's freedom of speech and workplace reputation. The recent Court of Appeal decision in Higgs v Farmor's School provides lessons on how to navigate this challenge, particularly when an employee expresses controversial views outside of work.
Do employers need more of a backbone post Higgs?
The legal tests around being discriminated against because of holding a particular belief are a minefield, requiring a balancing act between an employee’s freedom of speech and workplace reputation. The recent Court of Appeal decision in Higgs v Farmor’s School provides lessons on how to navigate this challenge, particularly when an employee expresses controversial views outside of work.
All In A Day's Work: New Tipping Act (Podcast)
In this month's All in a Day's Work, Alice Finniear and Alex Harper are discussing the new Tipping Act and associated Code of Practice. We're breaking down what the new law means for the leisure and hospitality sector, what they have to do in order to comply with the new law and what we consider to be best practice for employers.
All in a Day’s Work: New Tipping Act
In this month’s All in a Day’s Work, Alice Finniear and Alex Harper are discussing the new Tipping Act and associated Code of Practice. We’re breaking down what the new law means for the leisure and hospitality sector, what they have to do in order to comply with the new law and what we consider to be best practice for employers.
All In A Day's Work: Employment Law Changes 2024 (Podcast)
In this episode of the All in a Day's Work series, we are running through the Employment law changes that are coming into force in 2024. Alex Harper and Alice Finniear will be discussing the changes and giving top tips on how employers can prepare for the change. The Legal Room UK · All in a Day's Work - Employment Law Changes 2024 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Freedom Of Expression Versus Offending Others?
The recent judgment in Phoenix v The Open University saw the Employment Tribunal uphold the majority of Professor Phoenix's claims against her former employer for direct discrimination, harassment, victimisation and constructive dismissal stemming from her gender critical beliefs. The decision follows a prolonged campaign by her colleagues who opposed Professor Phoenix's personally held gender critical views and academic research.
All In A Day's Work: Introduction To Religious And Philosophical Beliefs (Podcast)
In the month of new year's resolutions, not to mention dry January and Veganuary, this episode will cover an introduction into what a philosophical belief actually is from an employment law perspective and how some beliefs are protected under the Equality Act 2010. This is fast growing area of case law, and we will be discussing recent Employment Tribunal judgments and considering the rising issues employers are facing in light of these.
Protected Philosophical Beliefs - Where Are We Now? - Employment Litigation/ Tribunals - UK
Following on from recent case law relating to the protection of religious and philosophical beliefs over the past year, we thought it would be prudent to recap on the broader topic of protected beliefs. Beliefs, large and small, form a fundamental part of who we are. Every person's life is formed of an assortment of varying beliefs (or lack of), almost as unique as a fingerprint to each individual in the way that they differ, cross over and interact.
Sex Discrimination And Harassment At Work
In the recent case of Kalam v The Chief Constable of West Midlands Police, the Employment Tribunal awarded the Claimant, a female firearms officer, £30,000 in compensation after the Respondent was found liable for sex discrimination and harassment under the Equality Act 2010. Among other incidents, the Claimant was stripped down to her underwear during training, forced to be the 'poster girl' for her unit and given unsuitable PPE to wear, compared to her male colleagues.
World Mental Health Day – Still A 'Work' In Progress? - Health & Safety - UK
£368 million net-worth, three-time People Magazine's "Sexiest Man Alive", and a footballing icon – who else has spent their weekend scouring David Beckham's Wikipedia page? But, despite David Beckham's impressive accolades and dream job, even he, in his latest documentary, reveals the effects his job had on his mental health. This is a real world issue that affects all of us.
Is Menopause A Disability?
Whilst potentially considered a taboo subject in the past, there is now far more conversation about menopause and, with employment rates for women aged 50 – 64 increasing from 46.9% in 1992 to 66.3% in 2023, more women are experiencing menopause during their working lives than ever before.
Job Application By Phone – A Reasonable Adjustment? - Employment Litigation/ Tribunals - UK
The Employment Appeal Tribunal (EAT) judgment in AECOM v Mr Mallon demonstrates the importance of employers considering all options for reasonable adjustments, including for job applicants. In this recent judgment, an individual was awarded £2,700 for an employer not telephoning him to understand why he was struggling to complete an online job application.
Modern Slavery - A Reminder Of Corporate Duties - Corporate and Company Law - UK
Recent figures obtained by the BBC's File on 4 have found that the number of modern slavery cases reported within the UK care sector has more than doubled in the past year. According to the figures, there were 109 potential victims exploited for personal or financial gain between January and March, which was twice as high as the figure recorded during the same period last year.
Toxic Workplace Culture…I'm Not Loving It
In February this year, McDonalds entered into a legally binding agreement with the Equality and Human Rights Commission through which it pledged to protect its staff from sexual harassment. Following the agreement, the BBC began an investigation into working conditions within McDonalds, which has now revealed over 100 allegations from current and former McDonalds workers across the past five months relating to sexual assault, harassment, racism and homophobia.
When Might Employers Be Liable For An Employee's Wrongdoing?
The principle of 'vicarious liability' is a legal concept that holds employers responsible for the actions of their employees when those actions occur within the scope of their employment. The scope of the liability is continually evolving, with the most recent Supreme Court case of Trustees of the Barry Congregation of Jehovah's Witnesses v BXB shaping the scope of employers' responsibility. What is the legal test for vicarious liability?
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