Contents tagged with Employment Tribunal
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
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
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
Tribunal Awards NHS Manager £1m In Racial Discrimination Case
A former NHS trust manager who was unfairly dismissed and suffered racial discrimination has been awarded a reported £1 million by London South Employment Tribunal.
Richard Hastings, an IT manager at King's College NHS Foundation Trust, was dismissed for gross misconduct in October 2015 after he was accused of assault following a dispute with a van driver in his workplace car park.
The ET ruled the investigation into the incident was “fundamentally flawed” due to unconscious racial bias.
It found that opportunities to collect further evidence to support Hastings’ claims of innocence were repeatedly missed and that Hastings – who was of African Caribbean origin – was treated less … more
Disabled Shop Worker Wins Tribunal Award From M&S Over Lift Key
An Employment Tribunal (ET) has made an award of £1,000 against Marks and Spencer after a delay in providing a disabled shop worker with a lift key to allow him to reach the toilets more easily.
In Mitchell v Marks and Spencer plc, the ET held that the employer breached its duties under section 20 and section 21 of the Equality Act 2010 to make reasonable adjustments for disabled workers.
Mr Mitchell has a disability that requires him to go to the toilet frequently. He reached the second-floor staff toilets using the goods lift, the stairs, or a combination of the escalator and the stairs.
An operation meant that Mr Mitchell anticipated more frequent toilet visits. He said that both before and … more
Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal ('ET') recently in Ball v First Essex Buses.
A bus driver was dismissed for failing a drugs test. He had been employed for 20 years with an unblemished disciplinary record. He was diabetic. He did finger prick blood tests throughout the day and would lick his fingers to stop the bleeding. His bus route took in lots of students and he handled lots of cash. He argued that his drug test had been contaminated by cocaine on bank notes. He also argued that the test was conducted without gloves or prior handwashing and so was open to contamination. He provided his own drug tests which tested negative for cocaine.
The ET ound that the employer’ … more
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