Contents tagged with Employment Tribunal
This recent case highlights the importance of following the ACAS code of conduct when dealing with disciplinary matters correctly, before dismissing an employee.
The employee, Mrs Smith, was dismissed for gross misconduct for emailing a colleague referring to another colleague as a “knob-head”. Her first disciplinary hearing was postponed when she was ill, but her employer refused to postpone the re-arranged meeting when her union representative was unable to attend. The Employment Tribunal rendered the dismissal “unfair procedurally and fatally flawed”.
Mrs Smith was found to have been unfairly dismissed and awarded over £20,000.
Read the full judgement here
If you need any help and advice in relation to a disciplinary matter, please … more
The trend towards gig economy drivers and contractors demanding employment status rights will continue throughout 2018. This should come as no surprise when you consider the recent report published by parliamentary committees which determined nearly 1.6 million people work for gig-economy giants and find relatively little protection provided under current employment law due to their status.
We previously reported on the Uber drivers ongoing battle in August 2016, and the EAT decision in November 2017 if you haven’t been keeping up with our gig economy posts.
More recently, in December 2017, couriers at Parcelforce Worldwide commenced legal action against its parent group, Royal Mail Group Ltd, over failure to pay drivers the national minimum wage and holiday pay.& … more
The Supreme Court has delivered its ruling on the landmark Pimlico Plumbers case, upholding previous decisions that a ‘self-employed’ plumber was in fact a ‘worker’. This entitled him to a variety of employment rights under UK law, including discrimination protection and holiday pay. The case has continued to make headline news because of its impact on organisations operating in the ‘gig economy’.
The case centred on the employment status of Mr Gary Smith, a plumber who worked on a self-employed basis with Pimlico Plumbers for approximately six years until 2011. Both the Employment Appeal Tribunal and the Court of Appeal supported Mr Smith’s position that he was a ‘worker’ with certain employment rights, including holiday pay. … more
The Employment Appeal Tribunal (‘EAT’) has rejected Addison Lee’s attempt to overturn a judgment by the Employment Tribunal (‘ET’) which found that one of their cycle-couriers was entitled to basic employment rights.
The EAT’s decision is yet another example of the gig economy litigation in which the Tribunals have looked past the written words of the contract of employment to examine the real working arrangements between the parties.
The claim concerned one weeks’ holiday which the Claimant took but was not paid for by the ‘employer’. The Claimant brought a claim in the ET which Addison Lee defended on the basis that the Claimant was not a ‘worker’ entitled to basic employment rights such as holiday pay, … more
The Employment Appeal Tribunal (“EAT”) has decided that failure to pay a male employee enhanced shared parental pay, in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination.
In the case of Capita Customer Management Ltd v Ali, the EAT overturned the Employment Tribunal’s (“ET”) decision which had found sex discrimination on the basis that the claimant, who was planning to take shared parental leave, was entitled to compare himself with a woman taking maternity leave as they accepted that the main purpose of both types of leave was to care for the child.
In this case, female employees were entitled to maternity pay comprising 14 weeks’ basic pay followed by 25 weeks’ statutory … more
Most of you will recall that in August 2016 we reported on the first instance decision where Uber drivers were held to be workers as opposed to being self-employed. If you missed the article, which broke down in layman’s terms the categories of employees, works and self-employed, you will be able to read it here.
Uber appealed and here at SCE we have been eagerly awaiting the EAT decision, it came in early last week, and confirmed the employment tribunal decision.
While the employment rights granted to drivers is limited to holiday pay (5.6 weeks paid leave), National Minimum Wage (NMW) and a maximum of a 48-hour working week for businesses that aren’t expecting, or haven’t budgeted for, this cost can be substantial.
Uber intends to appeal the decision and the … more
It is no surprise that Halloween is one of the holidays that nearly everyone celebrates. Celebrations range from trick or treating, pumpkin carving contests, adult costume contests to parties with alcohol.
For employees’ they all encourage interaction and workplace engagement but for employers’ they all open the door for potential liabilities and concerns. So what are the 5 top legal issues that employers need to be aware of to avoid the scare this Halloween?
1. Discrimination against Pagans
Religion is simply defined by the Equality Act as “any religion”, and does not state the belief has to be a major religion to be protected. Therefore employers must take non-mainstream religions as seriously as they do with the major religions.
In … more
I am frequently contacted by employers who have queries about how to deal with outgoing employees, particularly if it’s a member of a management team. I have created a short guide to help you deal with the issues that could arise with an exiting employee:
1. Exit interview: meetings can be organised with the outgoing employee to discover reasons for the resignation, the resignation may not always be related to the operations of your business but independent issues like salary or working hours. The exiting employee may also be helpful enough to provide you with helpful feedback in relation to your processes.
2. Garden leave: garden leave can only be imposed if there is a provision set for it in their employment contract. When employees have access to confidential … more
There has been a number of recent cases which have examined the issues surrounding holiday pay. A claim often made by employees’ is that the voluntary overtime they work should be included in the calculation of their holiday pay. The recent decision in ‘Dudley Metropolitan Borough Council v Willetts’ provides us with some clarity in respect of the issue.
In this particular case, a set of traders including ‘Mr Willets’ had fixed contractual working hours, upon which basic pay was calculated, however, they all had an opportunity to work voluntary overtime. Examples of these were out of hours standby and a call out allowance.
Thus, the employees, as well as working their set contractual hours, also took part in voluntary overtime. In return for … more
Leeds Pride took place in our glorious city this weekend; celebrating the diversity the LGBT community brings to our urban landscape. Given the celebrations over the weekend, we thought it served as a timely reminder to look at discrimination on the grounds of sexual orientation in the workplace.
Sexual orientation is one of nine protected characteristics under the Equality Act 2010 and discrimination on those grounds is prohibited. Discrimination can be:
• direct - because of their sexual orientation;
• indirect – a provision, criterion or practice that places those of a certain sexual orientation at a disadvantage;
• harassment – subjecting someone to harassment related to their sexual orientation; or
• victimisation – … more