Episode 35: Justine Blainey - sex discrimination in sport; Man City sued over unpaid wages; Phillip Schofield ITV inquiry; Tesla whistleblowing on self-driving car safety

The Lawdown: Employment Law Podcast Series from CM Murray LLP

In our latest (interesting and non-Christmas themed) episode of The Lawdown, Partner Emma Bartlett and Senior Associate, Wonu Sanda discuss the following:

1. The historical case of Justine Blainey, a teenager, who in the 1980s brought a successful sex discrimination claim in the Supreme Court of Canada, to strike out provisions in the Ontario HR Code which prohibited girls from playing sports with boys, arguing that she should be allowed to play ice hockey with the boys. We discuss how this case parallels the challenges people still face with bullying and sex discrimination in the workplace.

2. Benjamin Mendy, a former Manchester City defender is suing for millions of pounds of unauthorised deductions from his wages during the time he was facing criminal charges. We discuss the employer’s obligations and liabilities when dealing with suspended employees facing investigation.

3. Following the Phillip Schofield incident earlier this year, ITV’s investigation into his affair and the organisation’s culture highlights that he did not co-operate with the investigation due to concerns for his mental wellbeing. We discuss the implications of this and what employers can do when dealing with witnesses who may be suffering from mental health challenges.

4. The Tesla whistleblower, Lukasz Krupski, who leaked data regarding Tesla's braking and self-driving software issues to German newspaper, Handelsblatt, after he felt the concerns he raised internally were ignored by Tesla. We discuss the importance of employers enforcing up-to-date whistleblowing policies and what employers should do concerning mental health issues post-whistleblowing.