Can calling someone bald amount to harassment?
What is the case about? In the case of Mr A Finn v The British Bung Manufacturing Company Ltd, the employment tribunal considered whether a bald man was subjected to sex related harassment in the workplace by his line manager or whether the name calling was an insult which did not meet the threshold of […]
What makes a dismissal fair?
In this article we discuss what makes a fair dismissal. We look at the 5 potentially fair reasons for dismissal, the importance of policies and procedures, consistent treatment, and what is meant by the phrase “band of reasonable responses”. The legal test The Employment Rights Act 1996, section 98 (4) (ERA) sets out the statutory […]
Disciplinary Hearings: How to write legally compliant conduct allegations
The importance of careful and correctly worded allegations should not be underestimated. An invitation to a disciplinary hearing should set out exactly what the employee is being brought into the hearing to discuss and it must also be precisely the same reason that is given for any warning or dismissal that may be required. This […]
Deadline Announced for Care Workers to be Vaccinated
From 11 November 2021, all care home workers will be required to be fully vaccinated against Covid-19, unless they are exempt under the regulations. The new guidance covers anyone entering to undertake care work. Workers must have received the full course of the vaccination. The vaccine offers the best protection against the virus for staff […]
Interesting Employment Tribunal Cases 2020 and UK Employment Law After Brexit
In this article with accompanying webinar recording, we look back over some of 2020’s key interesting employment tribunal cases, as well as consider how UK employment will be impacted by Brexit. UK Employment Law 2021 and Beyond How leaving the EU impacts UK legislation When the UK was a member of the European Union (EU), […]
Employment Tribunal 2020 Case Ruling – Employment Status
Employment Status – Referees Are part-time football referees employees, whose match fees and other payments are subject to PAYE, or independent contractors? In the case HMRC vs Professional Game Match Officials Limited, referees were engaged by Professional Game Match Officials Limited (PGMOL) to officiate at matches primarily in Leagues 1 and 2, but also the […]
Employment Tribunal 2020 Case Ruling – Exceptional Fair Dismissal
M Gallacher vs Abellio Scotrail Ltd – An exceptional fair dismissal A fair dismissal requires a proper procedure to be followed, and the decision to dismiss to fall within the band of reasonable responses. However, in the employment tribunal case Gallacher vs Abellio Scotrail Ltd, an exception was made given the very unusual and rare […]
Employment Tribunal 2020 Case Ruling – Working Time Regulations – Travel Time
Working Time Regulations – Travel Time A group of home care providers were ordered to pay more than £100,000 in backdated earnings, equating to around £10,000 per employee, which was the equivalent of 9 months full time work at the national minimum wage and holiday pay rates because of a tribunal claim which challenged what […]
Employment Tribunal 2020 Case Ruling – Redundancy Consultation
Redundancy Consultation Deciding the threshold for when collective consultation is triggered: Case UQ v Marclean Technologies SLU looks at when the threshold exists for when collective redundancy consultation is triggered. In this case, UQ was dismissed on the grounds of redundancy, however the company then made a further 36 redundancies afterwards, leading UQ to argue […]
Employment Tribunal 2020 Case Ruling – Marital Status Discrimination
Marital Status Discrimination Bacon v Advanced Fire Solutions Ltd and Ellis: Less favourable treatment after announcing divorce was marital status discrimination Mrs Bacon’s husband joined the organisation after Mrs Bacon, but both went on to take up Director roles. In 2017, Mrs Bacon informed Mr Bacon of her wish to separate however wanted to continue […]
Employment Tribunal 2020 Case Ruling – Unfair Dismissal
Unfair Dismissal Chemcem Scotland Ltd v Ure: Unfair Dismissal? This is a case looking at whether an employee’s failure to return to work after maternity leave was a constructive unfair dismissal following repudiatory acts. In constructive dismissal claims, a contract is not automatically terminated by an employer’s repudiatory breach. For the contract to be terminated […]
Employment Tribunal 2020 Case Ruling – Religious belief discrimination
Religious Belief Discrimination Mrs. K Higgs vs Farmor’s School: Employer successfully defends Religious Belief Discrimination claim Mrs. K Higgs, employed in a school, was dismissed for having posted on her private Facebook account, her own views criticizing the teaching of LGBT relationships in primary schools. The school had been made aware of her posts by […]
Employment Tribunal 2020 Case Ruling – Pregnancy Discrimination
Pregnancy Discrimination Ms K Wright vs Coupland Cavendish Ltd Ms K Wright was employed as an administrator and was dismissed after one week of employment because she suffered from pregnancy related hyperemesis, causing nausea, and vomiting. This led to her having two separate days off sick. The reason for the dismissal given by Coupland Cavendish […]
Employment Tribunal 2020 Case Ruling – Disability Discrimination – Record £4.7m to bank worker bullied over disability
Disability Discrimination Record £4.7m to bank worker bullied over disability In Royal Bank of Scotland plc v AB a bank worker has been successful in bringing a disability discrimination claim by being awarded more than £4.7 million after being made to feel “worthless” and “unsupported” by her colleagues and subjected to bullying throughout her 6 […]
Employment Tribunal 2020 Case Ruling – Disability Discrimination – Unfair Dismissal and Disability
Unfair Dismissal and Disability Miss S J Austin vs The Leeds Teaching Hospital NHS Trust A hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record. The tribunal found that the Hospital Trust did not take account of the fact […]
Case Law Update: Collective Redundancy Consultation
Deciding the Threshold for When Collective Consultation is Triggered This case law update provides a digestible account of a recent Employment Tribunal outcome. We take a look at the background details on the case, the rationale behind the judgements and takeaway learning points. Case UQ v Marclean Technologies SLU looks at when the threshold exists for when […]
The worldwide economic impact of COVID-19
The economic impact of the coronavirus continues to be felt by industries, businesses and employees across the world. Firms face navigating the complexities of keeping customers, employees and suppliers safe; shoring-up cash and liquidity; re-orientating operations and navigating the various government funding programmes that are available. Ten months of COVID-19 It’s been ten months since […]
Government announces ‘Office for Talent’ to improve scientist immigration experience
The government plans to create a new cross-departmental ‘Office for Talent’ to help leading researchers and scientists to live and work in the UK post-Brexit. Its UK Research and Development Roadmap builds on a budget previously announced in March, that will prioritise ground-breaking research, attract global talent and cut any unnecessary red tape. The aim […]
Protected conversation and ‘without prejudice’ conversation, what’s the difference?
Within HR a ‘protected conversation’ is not the same as a ‘without prejudice’ conversation. However, both of these types of conversations allow employers to enter into off-the record conversations with a view to agreeing an exit with the employee. So, what is the difference between a protected conversation and a ‘without prejudice’ conversation? A protected […]
Furlough Scheme Updates and Implications – June 2020
Coronavirus: What’s next? Flexible Furlough [ Including: 12 June 2020 Update ] Following the Chancellor’s announcement on Friday 29th May and subsequent update of the 12 June 2020, the Chancellor has confirmed the following updates to the Coronavirus Job Retention Scheme (CJRS) – Furlough Scheme: The scheme would remain open until October Furloughed employees will still receive 80% of their […]