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The uncertainty of recent months means we can rarely predict what is going to happen. However, our employment team have put together a list of what you need to look for in 2019: Immigration law changes. When (if) the UK leaves the EU, the...
New payslip requirements are set to come into force, requiring itemised calculations for variable rates of pay and hours worked. Alongside, the requirement for payslips will be extended to include workers, not just employees. Gina McCadden,...
GDPR has been effective for almost six months now and the Information Commissioner’s Office (“ICO”) has prosecuted or taken other enforcement action (and imposed monetary penalties, enforcement notices, or demanded undertakings)...
The requirement for companies with over 250 employees to annually produce a Gender Pay Gap Report came into force this year, with much publicity around its implementation and subsequent results. The same attention has not been given yet however to the...
This case illustrates how, in certain circumstances, an employee may still be able to bring a claim for constructive unfair dismissal where their employer has failed to follow a fair procedure or address all relevant issues at appeal stage.
Mrs Smith, employed by Talon Engineering Ltd (TEL) since 1994, held a clean employment record. However, in 2016 she was accused of an act of gross misconduct and asked to attend a disciplinary hearing on 5 th September. Due to a period of...
Under the Equality Act 2010, discrimination arising from a disability occurs where: A treats B unfavourably because of something arising in consequence of B’s disability; and A cannot show that the treatment was...
When an employee designs something in the course of their employment, generally the intellectual property rights in that design are owned by the employer. Often employers require their employees to sign an agreement making it clear and unambiguous who holds...
Our Employment team are delighted to welcome a new Trainee Solicitor to their team; Pam Kamel. Pam has worked at Warner Goodman since 2015, beginning in the Residential Conveyancing team in Portsmouth before moving to the Commercial Property team as a...
Celebrations continue in the Southampton office of Warner Goodman as Gina McCadden has qualified into the Employment team. Gina joined the firm in September 2014 working as a Paralegal in the team. Prior to this, she studied law at the University of...
In the case of Davies v Scottish Courts and Tribunal Service, Ms Davies was a court officer, employed for 20 years by the Scottish Courts and Tribunal Service (SCTS) with a flawless service record. Ms Davies was going through the menopause, which left her...
Mr Kurmajic was employed by Sainsbury’s for 12 years as a Customer Assistant. There were policies in place in relation to social media, explaining that staff should keep customer information safe and not post anything on social media that they would...
Under the National Minimum Wage Regulations 2015 (the NMWR), a worker who is not actually working, but is required to be available for the purpose of doing work, may be treated as working. There are two exceptions to this: Where a worker’s home is at...
Much has been reported on the ‘gig economy’ and its effect on employment law. The classification of whether a person is an ‘employee’, ‘self-employed’ or ‘worker’ can have large ramifications for both the...
Ms James brought a claim under the Equal Pay Act 1970 (the Act) for arrears in pay dating back to 2002 when her employment began with Reading Borough Council (the Council). Section 1 of the Act provides that, if a term of a woman’s contract is less...
Ms G was employed by London General Transport Services (LGTS) as a bus driver in late 2013 - a heavily male-dominated industry, with approximately 90% of the 500 drivers being male. Ms G submitted two formal written complaints against other drivers who had...
Misconduct is a potentially fair reason for dismissal; in considering whether a dismissal for misconduct was fair, the tribunal will ask whether the employer undertook a fair investigation when they reached the decision to dismiss, and whether the misconduct...
Ms Kaur was employed as a nurse at The Leeds Teaching Hospitals NHS Trust (the Trust). They began disciplinary proceedings against Ms Kaur following an incident with a colleague in April 2013. Ms Kaur was issued with a final written warning in September...
Mr Grosset was a teacher at a school run by the City of York Council. He suffered from cystic fibrosis, which required that he spend up to three hours per day carrying out physical exercise to clear his lungs,a fact the council was aware of.
Canon Pemberton is a Church of England Priest in a same-sex relationship. When the Marriage (Same Sex Couples) Act 2013 came into force it was opposed by the Church of England. Canon Pemberton later became engaged, and informed several bishops of his intent to marry and received feedback stating that marrying his same-sex partner wouldn’t be appropriate. Despite objections from the Church, Canon Pemberton got married in April 2014.
Ms Lopez Ribalda and the four other applicants worked as cashiers at MSA, a Spanish supermarket chain. The manager noticed significant discrepancies between stock levels and what was supposedly being sold in store - in some months as much as €20,000.
Mental Health Awareness Week begins today, Monday 14th May, and serves as an opportunity for employers to revisit current practices and confirm if their policy and culture match up to best practice. The taboo of talking about mental health has started to shift, following several high-profile campaigns, but many employers are keeping quiet and avoiding conversations with staff, even though they have legal responsibilities and it’s been shown to improve the bottom line.
Gender and gender reassignment are protected characteristics under the Equality Act 2010; this protection applies to transgender employees at any stage of transition, including those who are ‘proposing to undergo, undergoing or have undergone’ a process.
Mr Ali was an employee of Telefonica until Telefonica transferred their employees and policies to Capita, and he became an employee of Capita. Female employees who had transferred from Telefonica were entitled to enhanced maternity pay. The maternity policy stated that female employees who had been employed for at least 26 weeks were entitled to 14 weeks’ enhanced maternity pay on full salary, followed by 25 weeks’ statutory maternity pay.
According to a poll commissioned by office-furniture supplier Kit Out My Office, more than two-thirds of UK office workers have admitted to stealing from their employers and colleagues at some time during their careers. With the cost of stolen items averaging at £12.50 and an estimated 15 million workers having confessed to employee theft, the cost to UK employers adds up to a staggering £190 million each year. For employers, dealing with employee theft can be a difficult process; Employment Lawyer, Emma Kemp, explains what steps you should take if you suspect one of your workers is stealing from your business.
Tuesday 1st May is an important day for Chris Greep, who has been a Warner Goodman Trainee Solicitor for the last 18 months, as this is the day he becomes a Solicitor.
Mr Cockram participated in a Long Term Incentive Plan offered by Air Products. At age 50 Mr Cockram decided to retire, and at this age he was able to have benefits under the defined benefit pension scheme.
The Equality Act 2010 provides protection against discrimination which relates to certain listed characteristics which people may possess, including disability. Section 6 of the Act defines disability as any physical or mental impairment which has a substantial and a long-term adverse effect on a person's ability to carry out normal day-to-day activities.
Ms Brazel was a visiting music teacher at a school run by the Harpur Trust. Employed under a zero hour’s contract, she worked mainly during school term-time, between 32 and 35 weeks a year. The contract provided for her to have 5.6 weeks' annual leave - her statutory entitlement.
In the case of Reilly v Sandwell Metropolitan Borough Council, Ms Reilly was head teacher at a primary school, and had failed to disclose her close personal relationship with a man (S), who had been convicted of making indecent images of children.
In case of Ville de Nivelles v Matzak, the European Court of Justice considered whether time spent by a firefighter, who was at home on ‘stand-by’, was considered ‘working time’ under the Working Time Directive (WTD).
Following the day the UK formally leaves the EU on 29 March 2019, a Brexit transition period will take place until 31 December 2020 during which the parties negotiate the terms of the UK’s post-Brexit relationship with the EU. Whilst there are still a lot of uncertainties, there are a few areas which employers and HR should start thinking about which Emilie Gas, Employment Trainee Solicitor, explains here.
Mr Carreras was employed by United First Partnership Research (United) from October 2011 to February 2014, where he would typically work 12-13 hour days. In July 2012, Mr Carreras suffered a serious bike accident and had to take several weeks off work. Following his return he continued to suffer from physical symptoms of the accident – dizziness, headaches, fatigue and difficulty in concentrating and working late.
Ms Alexandra De Souza, worked as a Retail Assistant in Primark’s Oxford Street store.
There are some organisations that depend on volunteer workers to survive, such as charities and fundraising bodies. Employers need to be aware that recruiting volunteer workers comes with certain regulations that must be met. Sarah Whitemore, Employment Partner, here explains the legal obligations for employers to stay on the right side of the law, and how they can support charitable organisations in doing so.
Sometimes education leads to destitution… In Ali v Petroleum Company of Trinidad and Tobago (Petronin) Mr Ali had worked for Petrotrin for 11 years when he was awarded a scholarship to study abroad for a degree. Petrotrin also paid Mr Ali a monthly living allowance in the form of a repayable loan.
Dr Malik worked for Cenkos Securities Plc as a Securities Analyst. He made several disclosures, some of which were found to be protected by the Employment Tribunal (ET).
Ms Bickerstaff was employed by the Royal British Legion as a Case Officer. Issues in the workplace began when another member of staff went on long term sick leave. Ms Bickerstaff was concerned that she would be unable to cope with the increase in workload.
Mr Crawford worked as a railway signalman for Network Rail; he was required to provide relief cover at a number of signal boxes during his eight hour shifts. As the boxes were manned singly Mr Crawford was required to continuously monitor his post and be available to carry out his duties at any time.
Ms Drzymala qualified as a doctor in 1987. She developed a specialism in cancer and worked at various hospitals, improving her qualifications and experience. From April 2005, she worked as a Locum Consultant in the Oncology Department at Royal Surrey County Hospital.
Recent months have seen numerous news stories revolving around equal pay, with the BBC notably coming under fire for inequality in pay between the sexes. With the Gender Pay Gap Report deadline looming on 4th April 2018 (which is when all employers with 250 or more employees are required to report their gender pay gap and bonus details) this is not the last of the stories we will see.
Mrs Coffey was a police constable in Wiltshire Constabulary, who was refused a transfer to Norfolk Constabulary. She had some hearing loss placing her marginally outside the national standard for recruitment. However, following national guidance, the Wiltshire Constabulary arranged a practical functionality test for Mrs Coffey, which she passed, enabling her to work as a constable (without adjustments).
Mr Page was a lay magistrate and also a non-executive director (NED) of the Kent and Medway NHS and Social Care Partnership NHS Trust. In July 2014, Mr Page, with two other magistrates, considered an adoption application by a same-sex couple.
Mr King worked for The Sash Window Workshop Ltd (SWW) as a commission-only salesman for 13 years. SWW classified him as self-employed, therefore he did not receive holiday pay when on annual leave. On termination of his employment at 65, Mr King brought a claim for unlawful deductions of wages covering his 13 year career at SWW and a claim for age discrimination.
Mr Skelton, a senior auditor for Morrison’ headquarters in Bradford, regularly handled sensitive information, and required to exercise diplomacy and sensitivity.
Employment law had an eventful 2017 and this is set to continue in 2018. We review here some of the key cases we can expect to see appealed in 2018 and what this will mean for employers.
Born in Nigeria, Mr Ayodele moved to the UK and joined Citylink, a logistics organisation delivering letters and parcels. Mr Ayodele worked at the distribution depot in Swansea as a warehouse operative, initially as an agency worker before gaining direct employment with Citylink.
As we move into a New Year, we look ahead to the upcoming changes in employment law legislation. It is important employers familiarise themselves with the upcoming changes in adequate time to enable the necessary steps to be taken to avoid potential fines or claims being brought against them.
Mr Rawlinson joined Brightside Group Ltd as Group Legal Counsel in December 2014. When Mr Wallin was appointed as CEO of Brightside in January 2015, he expressed concerns with Mr Rawlinson’s performance and started an internal investigation. Mr Rawlinson was aware that senior management had concerns which needed to be addressed, but the details were not shared with him.
Mr Creighton commenced his employment with Together Housing Association Ltd (THA) as an engineering apprentice in 1987. During his employment he was promoted to Lead Gas Engineer in 2014, which involved managing gas engineers.
Mr Schofield, a security officer at Manchester Airport (MAG plc), was diagnosed with four learning difficulties: dyslexia, dyspraxia, dyscalculia and dysgraphia, classifying him as disabled under the Equality Act 2010.
A statutory body, the Central Arbitration Committee (CAC), has ruled that riders for meal delivery app, Deliveroo, are not ‘workers’ but are self-employed. Worker status means a number of rights are available to the individual including trade union recognition. Howard Robson, Employment Partner, explains what led to this decision, and what impact this may have on the so called ‘gig economy’.
Ms Pinaud joined British Airways on 24 June 1985 and was promoted to Purser in 1993 where she worked on a full-time basis. In 2005 she returned to work after maternity leave working on a part-time basis. She continued working part-time until she took voluntary redundancy on 30 April 2015.
Ms Pillar was a Nurse Practitioner employed by NHS 24. Her role consisted of taking telephone calls from members of the public and triaging them by asking appropriate questions to determine their medical priority and the appropriate clinical outcome. In December 2013 Ms Pillar directed a patient describing symptoms of a heart attack to an out of hours GP rather than the emergency services. She was dismissed for gross misconduct following a Patient Safety Incident (PSI).
Last month, the Ministry of Justice and HM Courts and Tribunals Service announced that the refund process was to commence in respect of Employment Tribunal fees. Tebo Sebitlo, Trainee Solicitor, explains here how the process will work, and reviews what the future may hold for Employment Tribunals in the future.
Working in the sales team at BMC Software Ltd since 2004, Ms Shaikh was considered a good worker who performed well, and therefore received various promotions during her employment. Ms Shaikh was awarded two pay rises on “merit” and by July 2013 her basic pay was £60,000.
A new report published has highlighted the impact of mental ill health in the workplace. The Thriving at Work report, commissioned by Prime Minister Theresa May, has found that up to 300,000 people with long-term mental health problems have to leave their jobs each year, with poor mental health costing the UK economy up to £99billion each year.
Mr Osipov became CEO of International Petroleum Ltd (IPL), an oil and gas exploration company doing work in Niger in 2014. Within days of commencing his role as CEO he discovered serious wrongdoings by his predecessor that put the business in a precarious position with the Government of Niger.
A landmark decision was reached recently by the Supreme Court, who found that employment tribunal fees are unlawful as they “effectively prevent access to justice”. Unison has been in a legal battle with the Government since the fees were introduced, stating that the fees made it “virtually impossible or excessively difficult” for some individuals to exercise their employment rights, and that the fees regime indirectly discriminates against some groups.
Mr Efobi, a black African born in Nigeria, worked as a postman for Royal Mail. He hoped to secure a role in IT and submitted approximately 33 job applications for internal IT roles but was unsuccessful.
Mr Barbulescu, a Romanian national, was employed by a heating company as an engineer in charge of sales. At the request of the company, he was asked to create a Yahoo Messenger account to deal with client enquiries. The company’s policies strictly prohibited any personal use of its IT equipment, including computers and internet access.
An astonishing 126 claimants sought damages against Barclays Bank for sexual assault. The claimants were job applicants and existing employees who were required to undergo medical assessments, most of whom were young women. As part of the bank’s application process, they were required to attend a medical assessment with a doctor nominated by the bank.
The National Living Wage (NLW) was introduced in 2016 as an enhancement to the National Minimum Wage (NMW) for workers aged 25 and above, and is currently set at £7.50.
In order to prevent unfair competition after employment ends, it is advisable for an employer, where it is possible, to insert a restrictive covenant into the employee’s contract. In the absence of an effective restrictive covenant, an ex-employee may compete with the ex-employer, solicit the former customers of the ex-employer and poach its staff.
Getting good performance from staff requires more than rebukes – it’s where proper procedure is essential. The case of Williams v Meddygfa Rhydback Surgery illustrates how not to do it, especially when a manager is himself the object of many complaints.
A topic that has featured in the news lately is whether suspension amounts to a breach of trust and confidence. This was considered by the High Court in the case of Agoreyo v London Borough of Lambeth where the claimant - a teacher - was suspended as result of the force she used on two children.
In the case of Brighton & Sussex University Hospitals NHS Trust v Akinwunmi, Mr Akinwunmi (‘Mr A’) was a consultant neurosurgeon for the NHS trust. Mr A had poor relationships with a number of fellow surgeons, and had previously complained that he was being bullied - and bought a race discrimination claim to the Employment Tribunal, which was settled.
Sometimes the best laid HR plans can backfire with unfortunate results. What HR professional would ever want to unhouse and impoverish a new mother and baby?
It has been an accepted fact that every employee is under an implied duty of good faith towards their employer. However the case of MPT v Peel has tested this idea in the High Court. The Court had to consider whether employees had to answer honestly when asked by their employer whether they had plans to set up a competing business when leaving the company.
Some cases of redundancy seem cut and dry… but they rarely are. The case of Green v London Borough of Barking and Dagenham illustrates that you can never be too thorough on procedure. Ms Green was employed by London Borough of Barking and Dagenham as a Senior Regeneration Professional. She was one of three employees performing broadly similar roles.
You may well have seen news coverage on the case of Walker v Innospec Ltd and others. This was a landmark case involving a worker and his same-sex partner. The claimant, Mr Walker, retired from Innospec in 2003 after working there for 23 years. In 2006 he asked Innospec whether in the event of his death, they would pay a spouse’s pension to his civil partner.
Social media issues aren’t going away any time soon. Here’s another cautionary tale in the case of Plant v API Microelectronics Ltd.
There has been an abundance of case law on how employers should calculate pay during annual leave and the result in Flower and others v East England Ambulance Trust has added to this. Ambulance staff are often shift workers taking turns to be on duty.
Dress codes have been a hot topic this year as the weather, crucifix’s and heeled shoes have left many employers wondering where they stand. Howard Robson, Employment Partner, reviews the different reasons why dress codes have been under the microscope this year, and explains what employers should, and shouldn’t, include in their policies.
In the case of Ali v Capita Customer Management Ltd, Mr Ali was a former employee of Telefonica. He transferred to Capita when Telefonica transferred all their employees, and Telefonica’s policies also transferred with them.
A recently published report has been met with mixed reactions on how it will reform our current working practices. The Matthew Taylor report, Employment Practices in the Modern Economy, reviews areas such as the ‘gig economy’ and makes recommendations on proposals such as stronger incentives for firms to treat workers fairly and a more pro-active approach to workplace health. Natalie Rawson, Employment Lawyer, here reviews the key areas of the report and explains what it means for employers and employees in the future.
In Beatt v Croydon Health Services, Mr Beatt was a consultant cardiologist and there were strained relationships between him and some of his colleagues. Whilst performing an invasive operation in 2011, his head nurse, Sister Jones, was suspended and the patient tragically died.
Thousands of claimants in a long running equal pay claim against Glasgow City Council have now welcomed a victory in the Court of Session (the Supreme Civil Court in Scotland).
Good organisational skills don’t stop at your desk. Getting your dismissal procedures in order can tighten up your response to a claim. How it can stretch on into further tribunal time is illustrated in the case of Temitope Adeshina v St George’s University NHS Foundation Trust.
In the case of Government Legal Service v Brookes, Brookes was a prospective trainee solicitor applying for a trainee solicitor role with Government Legal Services. GLS recruited approximately 35 trainee solicitors each year and they received thousands of applications for these roles.
The phrase ‘Gig Economy’ was coined during the financial crisis in 2009 which saw record levels of unemployment in the UK. A proportion of those affected made a living by ‘gigging’ on a flexible, ad hoc basis. Instead of receiving a regular wage they were paid per ‘gig’.
Data Subject Access Requests (DSAR) are becoming more prevalent, and while there is currently a maximum fee of £10 to make a request, under new data protection rules, namely GDPR, they will be free of charge in the future.
Accurate calculations of the National Minimum Wage continue to cause headaches for employers, with an employment tribunal acknowledging the complexity, saying there is no single key to unlock every case.
Focus Care Agency v Roberts is the leading case in three appeals which revolved around the question of whether employees who ‘sleep-in’ in order to carry out duties if required engage in ‘time work’ for the duration of the sleep in shift - or if they are working for National Minimum Wage payment purposes only when they are awake.
In the case of Hayward v Noel Chadwick Ltd, Mr Hayward bought a claim of unfair dismissal and breach of contract against his ex-employer, family butchers firm Noel Chadwick Ltd. The respondent had accepted that due process was not followed and consequently the dismissal of Mr Hayward constituted unfair dismissal.
Should use of ‘womanly wiles’ be encouraged in a sales environment? Maybe not, if this week’s case tells us anything.
In the case of Alrajjal v Media 10 Ltd the claimant was part of a sales team. She was encouraged by her line manager, Mr Nicholson, to use her ‘female allures’ to improve her sales performance and was encouraged to wear a low cut top.
In the case of Kuteh v Dartford & Gravesham NHS Trust, the claimant was a committed Christian employed by the Trust as a nurse. In 2012 the claimant was promoted to ‘Sister’ and then in 2015 was transferred to a position which required her to carry out between six and 12 pre-assessment checks on patients due to undergo surgery. A standard checklist was used for these checks and it included a question on the patient’s religion.
In the case of Ssekisonge v Barts Health NHS Trust, the claimant was a nurse who had obtained indefinite leave to remain in the UK by the Home Office on 27 October 2000, and British citizenship on 23 April 2006.
In the case of Dunne v Colin & Avril Ltd the Employment Tribunal and Employment Appeal Tribunal were tasked with applying the two-fold test for suitability and unreasonable refusal of alternative employment disentitling an employee to a redundancy payment.
When is a disability not a disability? And who needs to know? As Gallop v Newport City Council illustrated – it’s not always clear and the confusion can be costly in a tribunal.
An Employment Tribunal has awarded the sum of £25,000 for breach of contract to an employee whose apprenticeship was ended early.
In the case of Kinnear v Marley Eternit Ltd t/a Marley Contract Services, Mr Kinnear was an apprentice roof tiler with Marley Eternit. His contract for this apprenticeship was due to run for a fixed period from October 2014 - November 2018.
In the case of Newcastle upon Tyne NHS Foundation Trust v Haywood, Ms Haywood was employed by Newcastle upon Tyne NHS Foundation Trust. On the 1 April 2011 she was notified as being at risk of redundancy. During a consultation meeting about the redundancy, Ms Haywood informed the Trust she’d be on annual leave between 19 April and 3 May 2011, holidaying in Egypt.
In the case of Kenbata v Westminster City Council, the claimant, who described himself as Black British African, was contracted to work for the respondent, Westminster City Council.
In the case of O’Brien v Bolton St Catherine’s Academy, Ms O’Brien was head of a department at the school. She was attacked by a pupil and although her injuries were not serious, on her return to work she felt unsafe and dissatisfied with the school’s lax approach to dealing with aggressive pupils. Consequently, she later went off work with stress.
Tribunals can be unexciting. Shame, then, that the quite interesting details of Chidzoy v British Broadcasting Corporation have been cruelly snatched away from us by a technicality that the claimant really should have known about.
Social media company, Facebook, has recently upgraded their compassionate leave policy for their employees if either an immediate or extended family member dies, as well as time off for sick relatives. Chris Greep in the Employment team, here reviews their new policy and advises employers about their own compassionate leave policies.
The European Court of Justice has recently given judgment on two cases regarding claims of religious discrimination where employees refused to remove their Islamic headscarves.
According to a recent survey by City & Guilds, only 33% of employers liable to pay the new apprenticeship levy are aware of the plans, with 28% unsure about whether it would impact their business.
Does your staff hand book work properly in conjunction with employee’s terms and conditions? If not, you could run into claims. In Department for Transport v Sparks and ors the Court of Appeal upheld the decision of the High Court - that a provision set out in the staff handbook had been incorporated into the contract of employment.
In Gareddu v London Underground Ltd the EAT upheld a tribunal’s decision that a Roman Catholic was not discriminated against when his employer did not allow him to take five weeks leave to attend religious festivals in Sardinia.
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