Newsletter – October 2023
Hello and thank you for joining us for our October newsletter where we have a roundup of some employment related news stories. This month we’ve seen news of Freddie Flintoff’s settlement, how employers are aiming to be more inclusive, an employee who was sacked over a sandwich and a prankster who has taken on the giant, Amazon!
For those of you that missed our September newsletter you can find it here.
Freddie Flintoff Settlement
Shocking photos of former England cricket captain, Freddie Flintoff, recently circulated the news, when he appeared with significant facial injuries nine months after being involved in a crash, while filming Top Gear in December 2022.
It was reported this month that he has now reached a financial settlement with BBC and the figure is rumoured to be worth £9million! It is said the sum is made up of two years’ loss of earnings and will support his continued rehabilitation, return to work and future plans. Sadly, the incident has left him with significant emotional trauma too.
The show was brought to a halt immediately following the crash and, rightly so, the BBC stated it would be inappropriate to resume the series whilst an internal investigation was being carried out.
This incident has raised major health and safety concerns as the open-top car he overturned had no airbags and he wasn’t wearing a helmet! This tragic event was also witnessed by a lot of the production crew who were signed off sick with PTSD.
This isn’t the first time Top Gear have been in the news, with a similar story dating back to 2006 involving presenter, Richard Hammond, crashing a car at a terrifying 288mph leaving him in a coma for two weeks!
Albeit this story is one of extreme circumstances, health and safety is an area all employers are familiar with and having to be aware of the likes of risk assessments, whistleblowing, allocating health and safety managers and public and employer liabilities.
It’s worth remembering that there is an implied term as to indemnity in every employment contract. This means the employer must indemnify the employee for any loss or injury, or death sustained during the course of employment.
Should you, or someone you know require legal advice regarding health and safety at work, please contact one of our team, who will be able to assist you.
Inclusive Workplace Interviews
Employers are aiming to be more inclusive to reflect equality and diversity in their recruitment processes. A search for the right candidate can often be hindered by the talent pool lacking in diversity.
Recruiting with the intention of finding a candidate that is ‘the right fit’ for the organisation, often creates a subjective recruitment process and poses a risk of unconscious bias and discrimination.
Barriers such as flexible working are common to those of marginalised groups including those who have caring responsibilities or disabilities, which can also hinder the talent pool.
Being aware of your recruitment processes and potential biases is important if you want to find the right candidate, not the right fit for the culture of the organisation. Embracing diversity often comes with retention of employees as they feel differences are celebrated.
Takeaway Points
– Think about where you place your job adverts.
– Avoid looking for certain character traits.
– Reduce gender and age-coded words.
– Offer reasonable adjustments at interview.
– Anonymise CV’s and application forms.
Lighter Side of the News – Citibank Sacking Over Two Sandwich Expenses Claim!
Citibank was taken to an employment tribunal for unfair dismissal after sacking an employee for gross misconduct.
The claimant was a financial analyst specialising in financial crime. He’d submitted expenses for a business trip claiming he had eaten two sandwiches, two pasta dishes and drank two coffees.
When queried whether he had consumed this all to himself, he said the coffees were very small and he’d skipped breakfast. He also expressed a level of shock at having to justify his eating habits when his expenses were all within the company’s daily expenses allowance.
The banker later admitted he’d shared meals with his partner and the bank dismissed him for gross misconduct. The banker brought a tribunal claim which found in favour of Citibank because of the claimant’s conduct whilst in a position of trust at a global financial institution and not for the sums of money involved.
It’s not the amount of loss sustained by the dishonesty, but the act of dishonesty which makes proven dishonesty, a ground for a fair dismissal.
Lighter Side of the News – Amazon Prank
A tv show involving creative prankster, Oobah Butler, showed him taking on Amazon by going undercover at one of their warehouses, creating a fake drink that reached one of their best sellers and getting his two-year-old niece to order age verified products using Alexa.
Whilst undercover, he discovered poor working conditions that included a lack of permitted breaks resulting in drivers leaving bottles of urine by the entrance to avoid punishment from Amazon.
He also created a fake drink with ingredients like the chemicals that comprise urine, which was then bought by a network of friends and family to put it at the top of Amazon’s best sellers, hilariously leading to Amazon promoting it!
He also got his 2-year-old niece to order knives and poison using Alexa that shockingly did not question the orders or ask for age verification. Viewers of the show with Alexa found that when this part aired their own Alexa devices had ordered knives and poison, with each of these orders now likely to cost Amazon £5k for failure to verify age before purchase.
He also wanted to get his own back on Amazon for avoiding tax, so ordered tarmac from the site, filled potholes with it and filled the tarmac packaging with sand and sent it back for a full refund.
He’s also gone to the extent of publishing some advice aimed at Amazon employees who believe they cannot whistle blow due to clauses in their contract.
Most bricks and mortar multiple chain retailers have mystery shoppers checking whether checkout staff check their identity for alcohol or cigarette purchases. Quite why Amazon don’t have similar systems beggars belief.
Feedback of the Week
Lastly, but certainly not least, this week’s feedback comes from one of Joe’s clients:
“The advice I was given was excellent and professional with a very happy outcome. I would recommend PJH Law and Joe Hyland to anyone.”
