Greetings, it’s the last Friday of the month which means it is time for a round-up of all the employment law news. March’s update had features on gender pay gap reporting, NMW offenders and changes to the taxing of settlement agreements, last week’s case law update had cases on shared parental leave and early conciliation. […]
Unfortunately, race isn’t the only protected characteristic the Government have got into trouble over this month. Shahmir Sanni, a Leave campaign volunteer, disclosed information about how the Vote Leave campaign might have bypassed electoral law to fund the campaign. In response, Theresa May’s secretary, Stephen Parkinson, who had been involved in the Vote Leave campaign […]
Despite a successful European Championships for the England Woman’s Football Team there has been off the field issues lurking behind the scenes for the Lionesses this summer. Manager, Mark Sampson, has been accused of racial discrimination and bullying by former striker, Eniola Aluko. Aluko, a qualified lawyer in both the UK and US, has alleged that […]
Numerous v Barclays Bank Plc | Can an employer be liable for abuse committed by an external Doctor during applicant medical examinations?
Numerous v Barclays Bank Plc Good morning and welcome back to your weekly case law update. Last week’s case was about holiday pay and provided a long overdue binding decision on the issue of voluntary overtime and normal pay. This week, partly due to a dearth of cases, we are taking a detour from the […]
Every month we like to include an outlandish sacking that falls into the grasp of sensationalist tabloid newspapers. This month a McDonald’s employee was sacked after taunting a homeless person about being hungry and then throwing a burger on the floor for him to eat. The incident took place outside of work but the employee filmed […]
Lamb v The Business Academy Bexley – Can a Failure to Properly Investigate a grievance Amount to Disability Discrimination
Hello and welcome back to your weekly case law update. Last week’s newsletter examined the impact of leaving the E.U on HR and explained new Gender Pay Gap Reporting developments. This week’s case concerns bullying, grievance investigations and disability discrimination. The question today: Can a failure to properly investigate a grievance amount to failure to […]
Garamukanwa v Solent NHS Trust – Does using evidence from an employees phone during a disciplinary amount to a breach of human rights?
This juicy case, which is genuinely worthy of its own TV show, concerns gross misconduct and human rights, particularly the right to a private life. Mr Garamukanwa, the Claimant, was a Clinical Manager for Solent NHS Trust, the Respondent. The Claimant formed a relationship with a nurse, Ms Maclean, on his ward. Upon this relationship ending the […]
A recent report published by ACAS suggests that bullying is one of the biggest issues in the workplace. In the past 12 months ACAS received over 20,000 calls in relation to bullying. 83% of the calls came from employees, 60% of these callers were in the process of taking formal action. ACAS estimates that bullying […]
It’s September which means autumn has begun and rather than spend our evenings at barbecues we stay in and watch telly. Speaking of which todays case has its fair share of drama, alcohol and bullying. Today’s questions: Can you suspend an employee for his conduct after allegations are made against him during an investigation […]
At PJH Law we usually only practice employment law, however, it seems yesterday we temporarily branched out into the most common kind of law, sod’s law. Just six hours after publishing our monthly newsletter about topical employment law and HR issues, Zayn Malik, a member of one of the world’s most hyper exposed celebrity products, […]
The two questions this week are; 1. When an employee TUPE transfers to a new company is the new employer liable for any ongoing harassment issues/claims? 2. Is it fair to treat employees engaging in an office affair differently because of their gender? The Claimant, Ms Vernon, was employed by Port Vale FC as a sales manager […]
Can you bring a claim of victimisation in respect of statements made about you in witness statements exchanged in the course of tribunal proceedings? That was the question addressed in the EAT case of Dr JS Parmar v East Leicester Medical Practice. Dr Parmer brought an unfair dismissal claim against his practice. He claimed that […]
There is a very interesting case reported on the EAT website dealing with the vexed question of failing to follow a reasonable instruction. Management had decided unilaterally to impose change on the employee’s job and had then disciplined him for failing to abide by the change and the sanction they imposed, transfer, was not within […]