Problem of NDAs 'may be more widespread', Teachers forced to sign NDAs after negative inspections, Manchester United staff sue the club over HR breach

THE HOT STORY

Problem of NDAs 'may be more widespread'

Daily Mail  

Figures seen by the Daily Mail compiled by anonymous whistleblowing website Speak Out Revolution highlight the use of non-disclosure agreements (NDAs) and underscore how they disproportionately have an impact on women. The group has recorded 888 cases of harassment and bullying at work since 2020. Of these, 711 victims (80%) were women. More than a quarter (27%) say they were forced to sign an NDA. The respondents came from a range of industries including law and business. Harriett Baldwin, chair of the Treasury committee, warned that the figures could just be the tip of the iceberg. “The Treasury Committee discovered a trend of firms using NDAs to manage victims of sexual harassment out of a business while the perpetrator is protected,' she told the Mail. “Our [recent] investigation only looked at the financial sector; these figures showing the problem may be more widespread are extremely worrying.”

EMPLOYMENT LAW

UK businesses warn Labour on its proposed workers' rights shake-up

Bloomberg  

UK businesses have expressed their concern about Labour's plans to overhaul employment rights, warning that this could result in longer probation periods, more fixed-term contracts, and a switch to agency staff. The proposals, part of Labour's "new deal for workers," aim to give employees the right to claim unfair dismissal from their first day on the job, end zero-hour contracts, and improve conditions in the gig economy. Business groups are working with Labour to find a balance between employee rights and maintaining flexible labour markets. Labour's Deputy Leader Angela Rayner is driving the reforms, which have been deemed popular with voters and good for the economy by the Trades Union Congress. 

The new mothers who return to work earlier than average

The Times  

New mothers in households with an income of £50,000 or less go back to work when their babies are five months old, four months earlier than the average, according to analysis by the charity Working Families. A survey of over 2,000 working parents with a total household income of £50,000 or less found that many women were struggling to take the time they needed with their babies due to low rates of statutory maternity pay and low take-up of shared parental leave by fathers. The report, commissioned in partnership with law firm Pinsent Masons, revealed that lower-income parents are losing out on work and career progression to manage their childcare needs. Only 29% of lower-income working parents have access to enhanced leave and pay, and they are less likely to benefit from flexible working.

P&O Ferries in fresh pay row

The Guardian  

P&O Ferries, owned by DP World, has been paying some crew members less than half the UK minimum wage due to a legal loophole that the government promised to close two years ago. Analysis of recent payslips suggests that agency workers at the company have been earning as low as £4.87 an hour, even lower than the company's claimed lowest pay rate. The crew members, hired from countries including India, the Philippines, and Malaysia, work 12-hour daily shifts without a day off for months at a time. The Department for Transport expects its Seafarers' Wages Act to come into force this summer. Shadow Transport Secretary Louise Haigh has called for action to end exploitative employment practices at sea.

Teachers forced to sign NDAs after negative inspections

Schools Week  

Teachers in the UK are being forced to sign non-disclosure agreements (NDAs) following negative inspections by Ofsted, according to an investigation by Schools Week. The investigation found that 190 NDAs were signed between 2018 and July 2023 by staff at 13 of the largest multi-academy trusts in England. The Advisory, Conciliation and Arbitration Service (ACAS) says NDAs can be included in settlement agreements after a “dispute which results in someone leaving a job to keep details confidential.” Schools Week says the use of NDAs in the education sector is commonplace and is seen as a way to prevent costly employment tribunal claims. However, critics argue that their use hides widespread problems and prevents people from speaking out. The National Governance Association has called for more data on the use of NDAs and the sacking of heads. Ofsted has said that no teacher should be forced to sign an NDA after an inspection result.

Powerful judges and barristers belong to exclusive Garrick Club

The Daily Telegraph / The Guardian  

Some of Britain's most powerful judges and barristers, including a serving member of the supreme court, are members of the exclusive Garrick Club, which has repeatedly blocked attempts to allow women to join. The club's ties to the legal profession have been revealed, causing anger among female lawyers. The first female president of the UK supreme court, Brenda Hale, expressed shock at the number of eminent judges in the club. A new vote on women's admission is expected to be held in June. The club's membership rules have been criticised for contributing to the under-representation of women in the legal profession.

Over 200 judges and magistrates disciplined for misconduct in past four years

The Sunday Telegraph  

More than 200 judges and magistrates have faced formal discipline for misconduct in the past four years, with over 4,200 complaints received by the Judicial Conduct Investigations Office. The public made 1,817 complaints in 2022 alone, the highest figure in three years. Investigations have resulted in court officials being sacked, reprimanded, and forced to resign for various charges. Notable cases include a judicial tribunal panel being disciplined for mocking a member of the public, and Lord Justice Clive Lewis receiving a formal warning for "judicial bullying." Judge Andrew Easteal was sacked for deleting WhatsApp messages related to a criminal investigation, while Employment Judge Pauline Hughes received a formal warning for drinking alcohol during a hearing.

Forced labour generates $236bn in illegal profits annually

Bloomberg / South China Morning Post  

Forced labour in the private economy generates $236bn in illegal profits annually, according to a report by the International Labour Organization (ILO). The report reveals a 37% increase in illicit gains between 2014 and 2021, with Europe and Central Asia accounting for the largest share of profits. ILO chief Gilbert Houngbo stated: "People in forced labour are subject to multiple forms of coercion, the deliberate and systematic withholding of wages being amongst the most common." The report estimates that traffickers and criminals are generating close to $10,000 per victim. The ILO defines forced labour as work extracted under the menace of any penalty and for which people don't offer themselves voluntarily. The ILO said just over a quarter of the victims worldwide were subject to sexual exploitation but they made up nearly three-quarters of the global profits, illustrating the higher margins generated from selling sex.

CASES

Government lawyer sued after saying that only women menstruate

The Times  

A government lawyer and her department are facing a lawsuit after she made gender-critical statements at work, including the belief that only women menstruate. Elspeth Duemmer Wrigley, who works at a body affiliated to the Department for Environment Food & Rural Affairs (Defra), is accused of harassment over comments and posts shared in the workplace. The lawsuit also targets the government department for allowing a civil service network that represents staff with gender-critical views – the Sex Equality and Equity Network -  to exist. Duemmer Wrigley is chairwoman of the network and was one of three signatories to a letter sent in October to the cabinet secretary warning that the impartiality of the civil service was under threat by a "small number of active gender ideologues" embedded in Whitehall. The claimant alleges that an "intimidating, hostile, degrading, humiliating, and/or offensive environment" was created.

Dad wins case against Cardiff firm after being sacked for swearing at boss

Mirror.co.uk  

A dad has won an employment tribunal against a Cardiff firm after being sacked for swearing at his boss. The employee, listed as Mr R Sutcliffe, who was let go from his freight job at Freight Systems Express Wales (FSEW), represented himself in court. The judge ruled that Mr Sutcliffe's dismissal was unfair and that his response to a comment made by his boss about his children - "I don't give a s*** about your kids" - was justified. The judge also noted that swearing was commonplace in the company and did not amount to misconduct. FSEW, which counts big companies including Ford as its customers, must now reach a settlement with Mr Sutcliffe or face a remedy hearing.

Junior solicitor suspended for inappropriate behaviour at Christmas party

Legalcheek  

A junior male solicitor has been suspended for three months after inappropriately touching a female colleague, referred to as 'Person A', at a firm Christmas party in 2019.  Frederick William Adams, who was a solicitor at Plexus Legal at the time, consumed a large quantity of alcohol during the event and touched Person A's bottom and thigh. He also made a sexually explicit comment to her. Adams initially denied the allegations but later admitted to his inappropriate behaviour. The misconduct was witnessed and corroborated by others and captured on CCTV. Adams was dismissed for gross misconduct in January 2020. The Solicitors Disciplinary Tribunal decided to suspend Adams for three months, stating that sexual misconduct of any nature is extremely serious.

Maths teacher sacked for refusing to use student's preferred pronouns

BBC News / The Independent UK  

A maths teacher was sacked by New College Swindon for refusing to use a student's preferred pronouns. The 60-year-old teacher, Kevin Lister, who claimed unfair dismissal and discrimination, had refused to refer to a biologically female student by their preferred male name and pronouns. Lister argued that the student's decision to use male pronouns had the effect of "compelled speech" and went against his beliefs. He also claimed that the college's policies were illegal and breached the Equality Act. The employment tribunal hearing continues.

Two female police officers claim £1.35m in damages over bullying superintendent

Daily Telegraph / The Times / Daily Mail  

Two female police officers are claiming £1.35m in damages over allegations of bullying by a superintendent at Hertfordshire police. Tessa Barrow and Julie Welch described Sue Jameson as a physically imposing and loud boss who ran her office like a "war department." They allege that they were harassed to the point of psychological injury, leading to the end of their police careers. Barrow is seeking £850,000 in damages, while Welch is claiming about £500,000. Lawyers for  Hertfordshire force have denied the allegations, and described Jameson as a "tactile" boss who liked to joke. The court has not yet released a detailed outline of Welch's allegations.

Former council director wins record payout over dismissal

Daily Mail  

An employment tribunal has awarded a record £4.6m to Rachael Wright-Turner over her dismissal as director of public service reform at the London Borough of Hammersmith and Fulham, a role she took on after previously working as a "humanitarian assistance lead" at the Royal Borough of Kensington and Chelsea, working with bereaved families in the wake of the Grenfell Tower fire. The tribunal found that Ms Wright-Turner was dismissed while on sick leave after suffering a panic attack brought on by PTSD - also finding that senior officers at the council lied when giving evidence. The council has said it will appeal, describing Ms Wright-Turner's claim as "vastly excessive, disputed and highly unprecedented."

Woman sues charity for £200,000 over horse kick

The Times / Daily Mail  

A woman is suing a charity for £200,000 after claiming she suffered a traumatic brain injury when she was thrown from a horse. Sarah Ann Potterton was riding a giant Suffolk Punch horse in 2019 when it was spooked by a swan and galloped away, causing her to fall. She alleges that the charity, The Otter Trust, should have known that the horse was easily startled and therefore not safe for her to ride. Lawyers for the charity deny the claims, stating that the horse was not abnormally nervous. Potterton worked at the charity as an employee and volunteer and was responsible for caring for the horses. She says she now suffers from headaches, fatigue, and reduced concentration. The lawsuit is ongoing in the High Court in London.

Manchester United staff sue the club over HR breach

Daily Mail  

A group of Manchester United employees is reportedly suing for up to £100,000 over an HR error that saw 167 casual workers employed by the Premier League club accidentally sent emails containing confidential details of some permanent employees. The data included wage slips, names, addresses, National Insurance numbers and pension benefits and tax contributions. The incident, which happened six years ago, was reported to the Information Commissioner’s Office. A total of 32 staff are lodging a High Court compensation claim. Jonathan Whittle of Your Lawyers says the club’s owners should take responsibility for the error.

WORKPLACE

Two-thirds of council areas short of childcare places

The Guardian / The Daily Telegraph  

An annual survey conducted by the Coram Family and Childcare charity has found that only a third (34%) of local authorities in England have sufficient childcare places, down 14% on the previous year, while the average cost of a part-time nursery place was up to £158 a week, rising to £218 a week in inner London. Only 6% had enough places for children with disabilities, 12% down on 2023. Managing director Ellen Broome described the survey as "concerning" ahead of the government's plans to expand the availability of free childcare this year. "Unless this policy is properly funded and supported," Broome said, "it could have the opposite effect, with families unable to access or afford the childcare they need and the most disadvantaged children set to miss out."

Black and ethnic ambulance staff twice as likely to suffer discrimination, NHS report reveals

The Independent UK  

Black and ethnic minority ambulance workers in the UK are twice as likely to experience discrimination compared to their white colleagues, according to a report by the NHS. The report also revealed that overall, 17% of black and ethnic minority staff in the NHS faced discrimination, compared to 6.7% of white workers. The findings come in the same week as another report highlighting sexual harassment and racism faced by trainee paramedics.