Contents tagged with Employment Tribunal
What do employers need to know about handling complaints regarding sexual harassment? Emma Roberts outlines the appropriate steps to take in response to a complaint about sexual harassment in the workplace.
Should The Alleged Harasser Be Suspended?
In some cases, suspension will be an appropriate measure to take but it will depend on the nature of the allegations and whether those involved work in close proximity.
Suspension should never be a ‘knee-jerk’ reaction but should only result from careful consideration of the circumstances, including the seriousness of the allegations and whether the alleged harasser’s presence at work could inhibit a fair and proper investigation.
Temporary reallocation of duties or the alteration of working hours might … more
Holland & Barrett Employee Wins Overtime Case
A tribunal has ruled that Holland & Barrett made unlawful deductions from the pay of an employee who was required to carry out tasks beyond his contracted hours.
Mr Fitz was employed as a supervisor and was required to cover for the store manager if they were absent. This required opening the store in the morning and closing the store in the evening, among other tasks that needed to be completed during opening hours.
Closing the store involved four stages: closing the tills on the shop floor; reconciling the tills in the back office; closing the register and locking up the store, all of which Holland & Barrett told the tribunal took a few minutes. However, Fitz claimed that he also had to undertake other additional tasks at the … more
Employee Found Storing ‘Obscene Material’ On Online Work Account Unfairly Dismissed
A Royal Mail employee who was allegedly found storing “obscene material” on his online work account has been awarded £53,142 for unfair dismissal and £9,360 in costs.
On 10 October 2013, 28 files containing pornographic material were found on the cloud storage provided to employees. The police were informed and Mr Chokski, a Royal Mail employee of 27 years, was arrested, interviewed, charged, and bailed. It was widely known among the workforce this had happened.
Mr P Chokski was dismissed for gross misconduct on 18 March 2014 for both the alleged content and for sharing the password to his account. An internal appeal then ruled the misuse of password alone was … more
Bar Manager Choked By Colleague At Christmas Party Wins Tribunal
A bar manager who was choked at the Christmas Party by her manager has won over £6,000 in damages after, when she reported the incident, her manager joked to the perpetrator “Alright buddy? Hear you’ve been choking girls lately”.
A bar manager who was left with anxiety, PTSD and partial facial paralysis after she was choked by a colleague at a staff Christmas party was constructively unfairly dismissed, Cardiff Magistrates Court has found.
Phillips reportedly told the tribunal how one of the business’s co-directors, Jason Pearce, had been heard joking about the incident, in which the club’s chef, Mr Webb, had allegedly gripped Phillips’ neck and left her unconscious.& … more
From shared parental leave to part-time working, in this guide we explore five things all employers need to know about family friendly working.
Shared Parental Leave
It’s not just women who can take up to 12 months off when they have a baby. Shared parental leave (ShPL) enables eligible parents to take time off together to care for their child or transfer leave to their partner during the child’s first year.
ShPL can be taken in blocks separated by periods of work or be taken all in one go. Parents can also choose to be off work together or stagger leave (and pay).
To qualify for ShPL, the mother must have been continually employed for at least 26 weeks ending with the 15th week before the week in which the baby is due and her partner must also have … more
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