The Lawdown: Employment Law Podcast Series from CM Murray LLP

We are delighted to share Episode 37 of The Lawdown, our regular podcast discussing the latest key employment, discrimination and partnership law-related news stories, and the interesting legal issues behind them! You can listen to the episode here. 

In our latest episode of The Lawdown, Partner Beth Hale, Partner Emma Bartlett and Associate Kia Aoki discuss the following:

1. A Cleaner was apparently dismissed by an employment agency, for eating a leftover sandwich which she believed would be discarded after a lawyer’s meeting at a city law firm. She has reportedly asserted claims  for race discrimination and unfair dismissal, which is supported by her union In light of this, we discuss the expectation of honesty between employers and employees, and the difficulties that may arise in bringing her claim.
   
2. There has been speculation that Mason Greenwood, a footballer for Manchester United, may return to the team following the charges of attempted rape and assault being dropped, and an investigation by club management being concluded. We discuss the issues employers may face where an employee is accused of criminal conduct, and factors employers can consider to move things forward.
   
3. Christian Horner has been cleared of misconduct after an investigation conducted by Red Bull, whilst the employee who accused him of inappropriate behaviour has been suspended. We discuss the grounds for suspension of an employee during an investigation, and the importance of carefully considered investigation outcomes for employers.
   
4. The Hammersmith and Fulham Council were ordered to pay £4.6 million after dismissing a senior employee who suffered Post Traumatic Stress Disorder (PTSD) after working with Grenfell Tower fire survivors. We discuss the key features of the claim, and why the compensation awarded was larger than what is usually awarded by the Employment Tribunal.

In our latest episode of The Lawdown, Partners Beth Hale and Sarah Chilton, Senior Associate Wonu Sanda and Associate Kia Aoki discuss the following:

1. Recently published statistics reveal that women of Bangladeshi and Pakistani heritage are earning on average almost a third less an hour than white British men in the UK. In light of this, we discuss the importance of ethnicity pay gap reporting and whether it should be made mandatory, and the difficulties and limitations that may arise in producing this data.
    
2. The disparity between CEO and worker pay is again making the headlines, following a UK thinktank’s finding that by 1pm on the third working day of the year, a FTSE 100 chief executive will have earned more on an hourly basis than a UK worker’s annual salary. We discuss the issues relating to this disparity, including against the backdrop of a cost-of-living crisis, whether workers should have a say in dictating CEO salaries, and possible alternatives where an employer cannot afford to raise the salaries of its employees.
    
3. Dwight Pile-Gray, a Rastafarian soldier in the British Army, won claims of race discrimination, racial harassment and victimisation in the employment tribunal following an incident where a white colleague didn’t believe he was a soldier based on his appearance. We discuss the Army’s handling of the incident, and what employers can do to ensure incidents like this are properly and fairly investigated.
    
4. Strikes are still dominating the headlines in 2024. We discuss the legal developments relating to industrial action, including the use of agency workers during strikes and the controversy around the Strikes (Minimum Service Levels) Act 2023, and the implications of these developments for employers.

In our latest episode of The Lawdown, Partner Emma Bartlett, Senior Associate Wonu Sanda, and seconded Trainee Solicitor Sam Whiteley discuss the following:

1. The legal issues surrounding the Royal National Lifeboat Institution’s handling of a sexual misconduct claim against a man in charge of one of its lifeboats (in particular, the question of suspension)
2. A study published in June by researchers at UCL and the University of the Republic of Uruguay suggesting that having a nap during the day is good for brain health, and could slow the rate at which the brain shrinks with ageing. Are employers taking the benefits of napping seriously, and what obligations do they have to do so?
3. The issue of equal pay in sports, and particularly football, which has been brought into the spotlight again following the Australian women’s football professional players union posting a video outlining injustices in the pay gap between them and their male counterparts
4. Finally, the fallout following a reporter asking the captain of the Morocco women’s football team, Ghizlane Chebbak, whether there were any gay players in their squad and what life was like for them in Morocco?

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

In our latest episode of The Lawdown, Partners Beth Hale and Emma Bartlett and Senior Associate Pooja Dasgupta discuss the following:

1. The Ritz job applicant informed of afro hair ban - we discuss the potential discriminatory impact of “employee [hair] grooming” policies and how to prevent such behaviour/practices, and look at the adoption of the Halo Code (the UK’s first Black Hair code).
    
2. The recent investigations into allegations of misconduct at the CBI, the Fire brigade and the Met.
    
3. Finally, we discuss how the unintended Boots sign relabelling disabled parking at certain sites as being parking for the “less abled” reminds us of the ongoing need to be considerate of choice of language and terminology in respect of disabilities.

All 30 episodes are available on various podcast platforms – please click the links below to listen and subscribe:

Anchor
Apple Podcasts
Spotify

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

In our latest episode of The Lawdown, Partners Beth Hale and Emma Bartlett and Paralegal Mitchell Blythe discuss the following:

1. Eddie Jones Move to Rugby Australia: The significance of post-termination restrictive covenants and confidentiality clauses as the Rugby Football Union (RFU) failure to insert a non-compete clause into the severance agreement of former head coach Eddie Jones leads to his new role in Rugby Australia just 7 weeks later.
2. Maternity in Football: A landmark ruling on maternity pay at the FIFA Tribunal for Icelandic footballer, Sara Bjork Gunnarsdottir, and criticism by Reading captain, Emma Mukandi of the Football Association maternity policy.
3. Gender Equality in Rugby Union: Action taken by both Wales Rugby Union and Ireland Rugby Football Union in the wake of allegations that there exists a toxic culture of sexism within Wales Rugby Union.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

In our latest episode of The Lawdown, Partners Beth Hale and Emma Bartlett and Senior Associate Wonu Sanda discuss the following:

1. Naomi Osaka pregnancy announcement: we focus on the changing attitudes and practices towards pregnant and returning mothers in high performance sport. We also explore how maternity rights, protections and facilities have been used to support working mothers in traditional workplaces and the parallel maternity and family friendly advancements developing in the tennis world.
2. The Metaverse and the future of work: is the prospect of our workplaces being transported to the developing online virtual reality world – the metaverse – closer than we think? We consider some of the potential benefits and legal and practical challenges (including discrimination and employee wellbeing) that the Metaverse might give rise to and the interplay with employee management and interaction issues observed, following the wider post-pandemic adoption of remote working practices.
3. Storming of the Brazilian Congress: the recent footage of protesters storming the Brazilian congress and Supreme Court building shocked the world and raises employment questions as to whether employers can discipline those who are caught on video. We discuss this and the difficult issues that employers may encounter when seeking to manage clashing political views between employees expressed both inside and outside of the workplace.
4. Gender Neutral Brit Awards Nominations: with one of the UK’s biggest music award ceremonies, the Brit Awards, scrapping its male and female best artist categories for a gender neutral ‘Artist of the Year’ category, we discuss the backlash the Brit Awards has received for filling its nominees with an all-male line-up. We consider why and how has this happened and what employers can learn about diversity and equality issues.

In our latest episode of The Lawdown, Senior Associates Wonu Sanda and Pooja Dasgupta, alongside Partners Beth Hale and Emma Bartlett discuss the following:

1. The recent mass redundancies sweeping through Twitter and the apparent lack of consultation and process followed. We also weigh in on CEO Elon Musk’s controversial 24 hour ultimatum that remaining staff either accept long and high intensity working hours to build "Twitter 2.0” or leave with a three month severance package and the possible health and safety, employee motivation and well-being implications.
2. Cristiano Ronaldo’s public criticism of and subsequent departure from Manchester United football club and whether employees can be disciplined for publicly criticising their employers, including issues around breach of contract and whistleblowing. We look at other potential outcomes like constructive dismissal claims and negotiated exits often considered in circumstances where there has been a breakdown of mutual trust and confidence.
3. Lady Hussey’s (a former royal lady in waiting) resignation following the revelation that she repeatedly questioned Ngozi Fuloni (a black executive of charity, Sistah Space) on where she was “really” from. We discuss racial prejudices, how these and other such incidents can constitute micro-aggressions, the impact on an individual’s sense of cultural belonging in society or in a workplace and the role of bystanders in the fight against discrimination.
4. The London Fire Brigade (LFB) independent cultural review and recommendations, commissioned following an investigation into the death of a trainee firefighter who had complained of bullying and harassment, including the importance of a zero-tolerance approach to confronting and rooting out misogyny, sexism, abuse, harassment, racism and other forms of discrimination in our workplaces and public institutions. 

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We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

Follow The Lawdown on Twitter: @lawdownpodcast.

CM Murray is Ranked Tier 1 for Employment (Senior Executives) by Legal 500 UK 2023. ‘‘CM Murray is unique, even among employment law boutiques, in their strength and depth of experts and expertise. They simply cannot be beaten. They are formidable advocates for their clients.' (Legal 500 UK)

In our latest episode of The Lawdown, Partner Emma Bartlett and Senior Associates Wonu Sanda and Pooja Dasgupta discuss the following:

• The government’s pledge to scrap the current cap on banker bonuses, forming part of its ambitious deregulation plans for London’s financial industry in order to boost economic growth, including discussion around the potential employment law implications arising from this proposed shift;
• Hot on the heels of International Equal Pay Day, we look at the RSC’s appointment of its first female artistic director and reflect on what has been achieved and what is being done to address the gender pay gap globally; and
• The latest workplace hiring and firing trends going viral on social media and news outlets: “Quiet Quitting”; “fatFIRE”; and “Quiet Firing”, including a discussion regarding the ways in which these trends can impact employees, and how they should be managed by employers.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

Follow The Lawdown on Twitter: @lawdownpodcast.

CM Murray is Ranked Tier 1 for Employment (Senior Executives) by Legal 500 UK 2023. ‘‘CM Murray is unique, even among employment law boutiques, in their strength and depth of experts and expertise. They simply cannot be beaten. They are formidable advocates for their clients.' (Legal 500 UK)

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

In this episode of The Lawdown, Partner Emma Bartlett and Senior Associates Wonu Sanda and Pooja Dasgupta delve into the legal and topical issues behind some recent headlines, including:

1. The concluding act to the Sue Gray report and the government’s Partygate saga. We examine what the report means for the prime minister, discuss the need for leadership and accountability to drive positive change in organisations and potential next steps.
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3. A £75k Employment Tribunal award won by a casino cashier for victimisation after reportedly not being invited to a work drinks night out by colleagues. We discuss the problems with sensationalist Tribunal award reporting; unpack the claims behind the headline and reason for the high award; and explore the importance of public hearings, open justice and accurate reporting.
4. A TV presenter walking out of an after-dinner speech at the Scottish Sports Awards over reported sexist, racist and homophobic “jokes”. We consider whether employers can be liable for third party harassment in similar cases, including the historical position and shocking past cases; action open to employees and employers to address third party harassment and proposed changes in the law; and the bystander effect and practising effective intervention.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

Follow The Lawdown on Twitter: @lawdownpodcast

We are delighted to share Episode 21 of The Lawdown, our regular podcast discussing the latest key employment, discrimination and partnership law-related news stories, and the interesting legal issues behind them.

In this episode, Partner, Beth Hale, and Associates, Pooja Dasgupta, Winnifred Sarfo-Gyamfi and Yulia Fedorenko, discuss the legal issues arising from the latest news stories making the headlines, including:

1. The infamous Will Smith and Chris Rock Oscar slap - exploring the appropriateness of the actions taken by the Academy; the way in which employers should respond to similar incidents of assault, harassment and misconduct in the workplace; and the “bystander effect”;

2. Cristiano Ronaldo and Georgina Rodriguez’ pregnancy loss – discussing the impact of pregnancy loss and how employers can support staff in such circumstances; existing pregnancy loss rights; and  the implementation of pregnancy loss policies; and

3. The latest on the Partygate saga, as MPs approve the Privileges Committee inquiry into Boris Johnson’s conduct in misleading parliament - exploring how employers should deal with investigations of alleged misconduct by senior leaders; the implications of breaching ministerial codes; and practical considerations in relation to managing concurrent investigations.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

Further information on the topics covered in all our podcasts can be found at www.cm-murray.com.

In this episode of The Lawdown, Partners Beth Hale and Emma Bartlett, Senior Associate Wonu Sanda and Associate Winnifred Sarfo-Gyamfi discuss the law behind some fascinating recent news stories, including:

1. A West Ham footballer who has been reprimanded for an alarming video of him kicking his cat, and the interesting employment law-related issues, including whether an employer can impose discipline for misconduct that occurs outside the workplace; when an employer can suspend an employee, and the legal and practical considerations and constraints that apply; and the impact of serious allegations on the accused’s mental health.

2. A call from a senior QC to abolish archaic requirements for barristers to wear wigs in the few courts where the tradition remains. We discuss the cultural insensitivity concerns and implications of court wigs for diversity and access to the legal profession, as well as the potential discrimination issues that may arise when applying blanket workplace dress codes generally.

3. Concerning reports of harassment of avatars in the metaverse (a new developing virtual reality platform) and the questions that arise as to how employers would monitor and address these issues in a potential future metaverse workplace. We discuss new proposed digital solutions, such as a personal avatar boundary feature introduced by Meta and other companies; employer obligations in the metaverse and whether current anti-harassment legislation applies; and the potential complication of applicable law and jurisdiction in an online virtual world.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode. 

Follow The Lawdown on Twitter: @lawdownpodcast. 

CM Murray is Ranked Tier 1 for Employment (Senior Executives) by Legal 500 UK 2022. ‘Brilliant employment law team...Incredibly talented knowledgeable and commercial in their very professional approach. Very able in international employment matters.' (Legal 500 UK)

It’s a new year – which, for the Lawdown podcast, means we get to share more of our legal take on new and interesting stories in the news with you! So please join us for our first episode of the year where Partners Beth Hale and Emma Bartlett, Senior Associate Wonu Sanda and Associate Pooja Dasgupta kick off by discussing some of the top news stories so far, including:

1. Cutting sick pay for unvaccinated staff who are required to isolate as a close contact of someone who has tested positive for Covid. With the likes of Next, Ikea and Morrison's receiving hugely divided reactions to the adoption of such sick pay policies, we consider their legality, whether they are discriminatory, the benefits and risks for employers, employee relations, and whether employers have a role to play in incentivising vaccination.

2. “Sorry not sorry”: the recently reported public apologies (or non-apologies as the case may be) of a Conservative MP, and separately Prime Minister Boris Johnson, in the House of Commons and the wider role apologies play in employment and other disputes. We explore different types of apologies and what an effective apology looks like, as well as consider the legal and reputational benefits of apologies and whether they are tantamount to an admission of legal liability.

3. Prince Andrew’s failed attempt to prevent Virginia Giuffre’s lawsuit against him in the US by relying on tird-partyh waiver of claims wording contained in a $500k settlement agreement she had entered into with Jeffrey Epstein. We discuss how such waivers (which are typically found in settlement agreements) might play out in the UK context and the considerations for UK practitioners drafting similar provisions.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

Follow The Lawdown on Twitter: @lawdownpodcast.

CM Murray is Ranked Tier 1 for Employment (Senior Executives) by Legal 500 UK 2022. ‘Brilliant employment law team...Incredibly talented knowledgeable and commercial in their very professional approach. Very able in international employment matters.' (Legal 500 UK)

In our latest episode of The Lawdown, Partners Beth Hale and Emma Bartlett discuss with Associate Pooja Dasgupta:

• The FCA’s consultation on proposals to boost disclosure of diversity on listed company Boards and Executive Committees, including the wide-ranging benefits of embracing such proposals and enforcement considerations;
• Creative measures taken by firms to tackle staff burnout and workplace stress, including introducing unlimited leave policies and annual workplace closures, and the potential advantages and disadvantages of implementing such policies; and
• The sharp increase in menopause-related Employment Tribunal claims in the past 4 to 5 years, including an overview of some of the interesting facts in play in some of the cases that have gone to Tribunal, and best practice tips for employers in educating themselves on the menopause and making appropriate adjustments, as necessary.

All 18 episodes are available on various podcast platforms – please click the links below to listen and subscribe:

Anchor
Apple Podcasts
Spotify
Google Podcasts

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.com if you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

Follow The Lawdown on Twitter: @lawdownpodcast.

CM Murray is Ranked Tier 1 for Employment (Senior Executives) by Legal 500 UK 2022. ‘Brilliant employment law team...Incredibly talented knowledgeable and commercial in their very professional approach. Very able in international employment matters.' (Legal 500 UK)

With the world slowly trying to recover from the impact of the pandemic, in our latest episode of The Lawdown, Senior Associate Wonu Sanda and Associate Pooja Dasgupta discuss connected governmental developments and interesting media stories, including:

1. The government’s recently launched consultation on “making flexible working the default” which is seeking views on the reform of flexible working regulations, including the headline-grabbing day one right to make a request; and the staunch objections to the potential reforms by a senior city executive, who believes staff abuse working from home.
2. The Women and Work All Party Parliamentary Group’s recent annual report on the theme of “Women’s Wellbeing at Work”, including their key recommendations on how to build back better outcomes and opportunities for women’s careers post pandemic and the simple but effective recruitment initiative which increased women applicants for senior roles by a third.
3. Allegations levelled at Facebook by an NGO for allowing sexist job advertising: examining the potential discrimination liability implications for service providers and the moral responsibilities owed by tech giants in an increasingly digital world.

We hope you enjoy it! For more information on any of the topics discussed, or to suggest a story for us to cover, please email us at info@cm-murray.com.

You can also find all episodes of The Lawdown on Anchor, Apple Podcasts, Spotify and Google Podcasts.

Follow The Lawdown on Twitter: @lawdownpodcast

In our latest episode of The Lawdown, Partner Beth Hale, Senior Associate Wonu Sanda and Associate Pooja Dasgupta discuss:

· the government’s response to the consultation on sexual harassment in the workplace, published at the end of July 2021, including an overview of the government’s key commitments and their potential implications; and

· harassment during lockdown and upon returning to the office, including the increase in online harassment whilst working remotely; the challenges faced by employers when addressing and preventing harassment in a blended/hybrid working model; and the importance of updating policies and delivering refresher training on harassment, particularly in the current climate.

We hope you enjoy our latest episode! Please get in touch by emailing us at info@cm-murray.comif you would like any information on the topics discussed or if you would like to suggest a story for us to cover in a future episode.

In our latest episode of The Lawdown, Partner Beth Hale, Senior Associate Wonu Sanda and Associate Sophie Rothwell discuss some recently profiled innovative family-friendly policies and developments, including:

• Progressive pregnancy loss policies - what they are and why they are necessary, and the employers who are leading the charge in this sensitive and crucial area.
  
• The childcare disparity -  which recognises that women bear the brunt of childcare responsibilities, and the implications of the recent EAT case which held it was a matter about which judicial notice should be automatically taken.
  
• Egg freezing policies, as recently introduced by the law firm Cooley, including the potential impact of such policies on the female and general workforce, as well as the potential risks around possible discrimination and messaging.
  

We hope you enjoy it! For more information on any topics discussed or to suggest a story for us to cover, please email us at info@cm-murray.com.

In this episode of the Lawdown, Sarah Chilton and Beth Hale discuss the recent high profile (but very different) dismissals of Gavin Williamson, Alex Hales and Israel Folau and the employment law issues to which they give rise, including investigations, reputational damage, social media, drug testing and addiction, discrimination and harassment and conduct outside the workplace. For more information, or to suggest a story or topic, please get in touch at info@cm-murray.com. More information on these topics at www.cm-murray.com. Please rate and review if you like what you hear.

For more information about restrictive covenants, please listen to our restrictive covenant podcast on iTunes or SoundCloud. To find out about restrictive covenants in a broader people management context, head to iTunes or SoundCloud. 

For more information, questions or to send us a story to cover please email info@cm-murray.com