Contents tagged with Employment Law
Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.
Genuine Redundancy Situation
You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim. So, you must have evidence to prove why you need to make redundancies.
Fair Selection Process
You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more
National Gallery Lecturers Win ‘Worker’ Status
A group of art lecturers who lost their jobs at the National Gallery have won their legal fight to be recognised as workers, allowing them to claim certain employment benefits such as holiday pay.
The 27 art lecturers, who were dismissed in October 2017, argued that they were not given any paid holiday, sick pay, pensions or maternity and paternity pay, despite paying taxes through the payroll as employees.
The gallery claimed they were freelancers and were not entitled to any such rights. However, the lecturers had to conform to a strict set of rules and a “house style” when carrying out their work and were asked to contribute to initiatives for the education department.
The employment tribunal dismissed their … more
An employee who was referred to by a colleague as a “baby farmer” after she returned from maternity leave was unfairly dismissed, a tribunal has ruled.
Miss Hayman started working for Pall-Ex in 2000 as a key account manager. She left the firm but re-joined it in 2007 until her resignation in July 2016.
After re-joining the company, Miss Hayman took several periods of maternity leave, and after maternity leave for her second child returned in November 2010 reporting to a new line manager, Mr Tancock.
Miss Hayman told the tribunal that in the following years, there were a number of incidents in which alleged comments were made about her parental responsibilities, she was scapegoated for losing clients and she was treated unfairly for working part-time hours.
On her return … more
NHS Worker Who Reported Suicidal Thoughts Was Unfairly Dismissed
Mr Flemming, who was employed by the East of England Ambulance Services NHS Trust, lost his job in 2015 after he failed to comply with requests to attend meetings and appointments with the organisations’ occupational health function after mental and physical health conditions prevented him from working for a significant period of time.
In April 2012 Flemming suffered a heart attack following an “altercation” with his line manager, which left him feeling upset and stressed.
He claimed that nobody from the organisation had contacted him to ask about his health and wellbeing following his illness. He told the tribunal this lack of contact had contributed to the manifestation of his mental ill-health as … more
Prison Officer Was Unfairly Dismissed After Revealing Sexuality
Forty-year-old Ben Plaistow was the victim of direct discrimination contrary to provisions of the Equality Act 2010, employment judge Michael Ord told the Cambridge Tribunal.
Plaistow took on a prison officer role at HMP Woodhill in Milton Keynes in September 2014, having sought a transfer from Bullingdon prison.
He was suspended from Woodhill in January 2016 and dismissed in August the same year.
A week after starting his new job, Plaistow was asked by a colleague whether he was gay, because of his haircut. A few days afterwards, at his induction meeting, his boss, custody manager Laithwaite, asked him about his sexuality. Plaistow said he found the question odd but answered honestly by stating he was bisexual. … more
With Valentine’s Day making February the month for romance, this month we take a look at some of the potential risks to employers when romance blossoms amongst employees and the steps that can be taken to address these.
Why Should An Employer Be Concerned About Its Employees Forming Romantic Relationships In The Workplace?
Romantic relationships between employees in the same organisation can expose the employer to a number of legal risks. These are most likely to arise when one employee is pursuing another to start a relationship or, even more so, when the relationship breaks down. The most obvious legal risks are as follows:
This occurs where one employee engages in unwanted conduct of a sexual nature which has the purpose or effect either of violating … more
NHS Secretary Becomes Oldest Person To Win Age Discrimination Case
An 88-year-old NHS secretary who was dismissed from her job over “frailty” claims has become the oldest person to win an age discrimination case.
Eileen Jolly was fired from her role at the Royal Berkshire Hospital in Reading in January 2017. She was 86 years old at the time.
Her age came under scrutiny after she allegedly failed to upload details of cancer patients into a new electronic database, which meant that 14 women had to wait more than a year for non-urgent surgery.
The error prompted Jolly’s colleagues to inform her boss that they were concerned her age was affecting her performance.
Jolly, who had been working at the hospital for 25 years, felt “humiliated” and “ … more
Under section 94 of the Employment Rights Act 1996, an employee has the right not to be unfairly dismissed. If an employer wants to dismiss an employee with the necessary length of service, the employer needs to be able to show that they had a good reason to take that action and that they did so in a fair manner.
If an employee started work with the employer after 6 April 2013, they need to have built up two years’ continuous service before they’re protected by the law. Those who started work before that date need to only have one year’s continuous service to achieve the same protection.
If an employee enjoys protection under the law, the employer needs to be wary when considering dismissal.
There are five potentially fair reasons for dismissing an … more
Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director
An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.
Benson’s Vending dismissed Darren Atherton for gross misconduct without notice after a string of social media posts in which he told his manager to stick his Christmas gift “where the sun doesn’t shine”.
Atherton had been employed by the vending machine company from April 2012. The ET heard managing director Ken Haselden had a practice of giving a discretionary Christmas bonus gift to employees. These gifts … more
Allegations of workplace bullying are difficult for an employer to deal with because bullying can be hard to recognise and define. In this article we look at how employers can best handle a bullying grievance.
What does someone mean when they say they are “being bullied”? It’s something which is very much in the eye of the beholder – one person’s robust management style is another’s bullying, and the employer faces the unenviable task of adjudicating where the line between acceptable and unacceptable behaviour lies. While most people will agree what constitutes bullying in extreme cases, there is a grey area in the middle which may cause more debate.
It’s an easy word for an employee to throw out in the heat of the moment, “she’s … more