HSE revises its guidance for employers on home working
The new guidance relaxes some of the regulatory requirements and recognises that a lot of work carried out at home is going to be “low-risk, office-type work”. In these circumstances, as an employer, you are only responsible for the equipment you supply. Turning to higher risk activities, the guidance says: “If your staff work at…
Gay barrister was a victim of discrimination
Lee Bennett joined the fraud specialist law firm Bivonas in 2007. His role involved bringing in new work and liaising with barristers outside the firm. Staff at the firm knew he was gay. One day he found a note written by a senior colleague which claimed that Bennett “takes our cases to his batty boy…
Incorrect redundancy procedure leads to unfair dismissal claim
Firms that find themselves in this position need to take great care to ensure the correct procedures are followed. Failure to do so could result in a successful unfair dismissal claim, as a recent case illustrates. It involved a woman who worked as an actuary alongside three colleagues. They each had their own portfolio managing…
Sales manager breached his duty when setting up rival company
The manager was working for an information technology consultancy when he decided to set up a new company of his own. While preparing his new venture, he downloaded some of his employer’s business contacts and copied invoices in order to use them for his own purposes. He also obtained contracts for his new company while…
NHS director awarded £933,000 in race discrimination case
Elliot Browne, who is 55, had worked for the NHS for more than 30 years. His career came to an end in 2008 when he lost his management job with Central Manchester University NHS Foundation Trust. Mr Browne claimed he had been harassed and verbally bullied because he was the only black director in his…
Employees will have to pay to bring tribunal claims
Ministers say the move will relieve pressure on businesses and reduce the £84m annual cost to the taxpayer. The Ministry of Justice has now begun a public consultation on the proposals, which are designed to ensure that those who use the system make a contributiontowards the costs. The consultation offers two options for consideration: Option…
Dismissal for sending racist e-mail from home was fair
Mr G had forwarded the e-mail titled “The British Are Way Ahead Of Us” to a colleague who had worked with him at a different prison. The e-mail read “Apparently it is a sin for an Islamic male to see any woman other than his wife naked and that he must commit suicide if he does.” …
Overall employment tribunal figures fall but age claims increase
The latest figures from the Tribunals Service cover the period from 1st April 2010 to 31st March 2011. There were a total of 218,100 claims during that period, a fall of 8% on the previous year. However, while it may be good to see the number of claims fall, it should be remembered that the…
Salesman wins constructive dismissal claim
The salesman worked for a firm that supplied office equipment and electrical goods. He found that his customers were sometimes supplied with faulty goods, had orders diverted or were inconvenienced by late deliveries. These errors led to the salesman earning less commission. His earnings were further reduced when the company removed one of his major…
Director held personally liable for discriminatory dismissal
The director owned and ran an estate agency. He was the sole shareholder. One of his employees gave him a letter confirming that she was pregnant. Within minutes of reading the letter, he told her that she was being made redundant. This came as a complete shock to the employee who had not been previously…
Stroke victim awarded nearly £400,000 in discrimination case
A tribunal found that he had been discriminated against on the grounds of disability. Jonathan Jones worked as a branch manager in Cardigan for a major national company. There was an understanding at the company that managers were expected to work beyond their nominal contracted hours, and Mr Jones had signed an agreement opting out…
Additional paternity leave rights for fathers comes into effect
The new rights apply to fathers whose partners gave birth on or after 3rd April this year. They allow fathers to take up to 26 weeks leave to care for their child providing they fulfil certain conditions. The additional paternity leave can only begin 20 or more weeks after the birth of the child and…
Director banned from revealing information about his former company
The issue arose after the director became embroiled in a dispute with his company that involved court action. The judge found in favour of the company and referred the director as having an “attitude of blatant disregard for the truth, for the accuracy of public records, for the validity of company resolutions and for the…
Volunteers are not protected by anti-discrimination law
That was the ruling of the Court of Appeal in the case of a volunteer who worked for the Citizens Advice Bureau (CAB). When the CAB told her it no longer wanted her services, she claimed it was discriminating against her because of her disability. However, the Court of Appeal held that an unpaid volunteer…
Dismissal of nurse for lewd remark was unfair
The court heard that the nurse made a sexual comment while helping to restrain a patient. A complaint was made six weeks later and she was summarily dismissed by her NHS Trust. An employment tribunal held that although the comment could be described as lewd, most people would consider it merely humorous. It held that…
Government confirms scrapping of Default Retirement Age
Under the current system, employers can oblige staff to retire at 65 regardless of their circumstances. Ministers have decided the rules must change because people are living longer, more active lives and should have more choice over when they stop working. The DRA will be phased out between 6th April and 1st October this year….
Television presenter wins ageism case against BBC
Miriam O’Reilly, one of the former hosts of the TV show Countryfile, has won her claim of age discrimination against the BBC. Ms O’Reilly lost her job in 2008 when Countryfile was moved to a primetime slot. The BBC replaced her with younger presenters. Ms O’Reilly took the case to an employment tribunal. She won…
It’s Snow Joke!
We are currently in the midst of one of the harshest winters on record with more snow forecast. This will inevitably raise a variety of issues in the workplace for employers to deal with. It is important for employers to maintain consistency and fairness in their dealings with staff. Failure to do so may expose…
A BIG ‘NO’ FROM SIMON COWELL AND THE EMPLOYMENT TRIBUNAL
Miss Czikai, who suffers from fibromyalgia (a condition which causes widespread pain and fatigue), appeared on the ITV show in 2009 in a bid to win the £100,000 prize money and a place on the Royal Variety Performance. However, following her failed audition she declared that the reason for her poor rendition of Westlife’s ‘You…
Rogue employers to be named and shamed
Employers are to be named and shamed if they deliberately flout minimum wage laws. Starting from 1st January next year, the Department for Business, Innovation and Skills (BIS) will publicise cases involving employers who break the rules. The rogue firms will then be given three months to “put their house in order” before further action…
Government confirms October start date for Equality Act
The Government has confirmed that the Equality Act will start to come into effect in October. The Act, which brings together nine separate pieces of legislation under one umbrella, was introduced by the previous Labour administration. There was some speculation that the new coalition was not committed to the Act but the Government Equalities Office…