Short term sickness absences and disability

It has been covered a few times and will hopefully be clear to readers that if a worker is absent from work and the reason for the absence is because of a disability related reason then the employer may is likely to be under a duty to make disability related adjustments if, because of those … Continue reading Short term sickness absences and disability

The right of accompaniment beyond section 10 of the Employment Relations Act 1999

A couple of weeks ago I highlighted an old ET decision on the right of accompaniment, the 2017 decision in Everitt v Regal Consultancy (2017) raises another issue linked to the right to be accompanied, that of whether a worker can be accompanied by a family member who is not a trade union representative or … Continue reading The right of accompaniment beyond section 10 of the Employment Relations Act 1999

How the Employment Rights Act is not fit for purpose in a world of lockdowns

In the wake of a national public health emergency workers across the economy have been told that for their own safety and to minimise the spread of the deadly Covid-19 virus that if they are able they should work from home. It is an eminently sensible exhortation but the reality is that those in sectors … Continue reading How the Employment Rights Act is not fit for purpose in a world of lockdowns

Why an 1888 court judgment is (unfortunately) still relevant for employees

Up until the early 1970's a worker who was unfairly dismissed by an employer had three choices, do nothing, sue the employer for wrongful dismissal (which is a claim in contract only), or challenge the dismissal outside of the courts (for example, by an employer wide strike initiated by a trade union). In 1968 Lord … Continue reading Why an 1888 court judgment is (unfortunately) still relevant for employees

Sacked for helping colleague

I have been doing some work recently on the right of accompaniment in disciplinary hearings and have come across a 2012 judgement that emphasises some of the protections a co-worker has if they accompany a colleague to a disciplinary or grievance meeting. The decision, Evans v Opensight (2011) is a first tier tribunal decision but … Continue reading Sacked for helping colleague

ACAS uplifts in automatically unfair dismissals

When deciding what compensation a successful claimant can receive in an employment tribunal section 207A of the Trade Union and Labour Relations Consolidated Act 1992 allows for compensation to be increased (or decreased) by up to 25% if a party has failed to follow a Code of Practice issued by ACAS which applies in the … Continue reading ACAS uplifts in automatically unfair dismissals

Playing Doctor

A former prison officer has lost her case alleging unfair dismissal after being dismissed for what the employer alleged was gross misconduct. I am not sure, based on the judgement, that that is the right decision given the centrality of the first disciplinary allegation to the dismissal, the uncertainty on my reading of the real … Continue reading Playing Doctor

Solicitor loses Covid-19 pay cut case

Just over one year ago today DKLM LLP, a solicitors firm, appointed Hilesh Chavda as its new Head of Private Client. The appointment would, according to the firm's website announcement on 19 October 2019, "help capitalise on the firm’s successes with high net worth individuals and entrepreneurs in the UK and international markets." He was … Continue reading Solicitor loses Covid-19 pay cut case

What’s new in Rutnam’s constructive dismissal complaint?

In February 2020 (back when coronavirus was barely a thing - it seems so long ago!) the Permanent Secretary of the Home Office announced in a press briefing that he had resigned from his role because continuing was no longer tenable, given a reported hostile working relationship caused by alleged activities of the Home Secretary … Continue reading What’s new in Rutnam’s constructive dismissal complaint?

Indirect discrimination in disability claims

It is well known that the Equality Act 2010 has four type of discrimination that applies to all of the nine protected characteristics set out in the Act: direct discrimination, indirect discrimination, harassment, and victimisation. However, in cases where the characteristic of disability is relied upon the Act recognises two other forms of discrimination that … Continue reading Indirect discrimination in disability claims

Employment law changes at ACAS and HMCTS

Earlier this week the government announced a series of relatively minor changes to the employment tribunal system in the UK, changes include the processes for responding to multiple claims and allowing Legal Officers (who are in fact not required to be legally qualified) to perform some tasks hitherto conducted by judges. The employee representatives two … Continue reading Employment law changes at ACAS and HMCTS

Dismissed worker reinstated after manager’s anti-Union rant

In a relatively rare occurrence a UVW union member has been reinstated after making an interim relief application and an employment tribunal ruled it was likely that his claim would succeed. When an employee is dismissed then a tribunal can order (but not enforce) an employer reinstates the employee to the post they were dismissed … Continue reading Dismissed worker reinstated after manager’s anti-Union rant

Pissing in the wind

A relatively recent Employment Appeal Tribunal decision (Asda v Raymond) considers whether in order to conduct a reasonable investigation an employer should not only investigate what happened but also whether there are underlying causes for the conduct (why they happened). The claimant in the case was a lorry driver and parked his lorry in a … Continue reading Pissing in the wind

Constructive Dismissal: The Last Straw

When an employer engages in conduct that fundamentally undermines the contract of employment to the employee (called a repudiatory breach) then the employee has the option of resigning and claiming constructive dismissal. Effectively the employee says 'enough is enough' you have given me no option but to leave. When the employee has been continuously employed … Continue reading Constructive Dismissal: The Last Straw

Employment tribunal forgets to consider reason for dismissal

When considering a complaint of unfair dismissal the first decision an employment tribunal must make long, before there is any consideration of reasonableness of the decision, is what the reason for dismissal was, and together with that, whether the reason for dismissal is for one of the potentially fair reasons for dismissal. In many, and … Continue reading Employment tribunal forgets to consider reason for dismissal

FDA slams Priti Patel inquiry

A little over a week ago it was confirmed that the former Home Office Permanent Secretary Sir Philip Rutnam had launched employment tribunal proceedings against the government for constructive dismissal. The case alleges a toxic working environment and allegations of improper conduct by the Home Secretary Priti Patel. After the news of the remarkable resignation … Continue reading FDA slams Priti Patel inquiry

Unnatural Covid-19 deaths at Ministry of Justice building?

Last Tuesday workers across the country took a moment on the International Workers Memorial Day (IWMD) to remember those who have lost their lives at work, especially those who have fallen to the Coronavirus. It is right to do so but the IWMD is about empowering workers to demand safe places of work as it … Continue reading Unnatural Covid-19 deaths at Ministry of Justice building?

Sickness absence: a disciplinary or capability issue?

I previously worked for an employer which did not have a sickness absence policy, every case in which an employee was absent was dealt with under its disciplinary policy. This was a strange and counterproductive approach to take as it conveyed a clear message to staff that to be ill to the extent that one's … Continue reading Sickness absence: a disciplinary or capability issue?

Covid-19: License to discriminate?

I have discussed the prohibition on pre-employment health enquiries imposed by the  Equality Act before on this blog. Section 60 of the Equality Act 2010 imposes a prohibition on an employer making health related enquiries of a prospective employee. Section 60(1) states (1)A person (A) to whom an application for work is made must not … Continue reading Covid-19: License to discriminate?