Search

Employment Law News

How many Easter eggs did you eat?

The NHS has reported that almost 25% of adults in the UK are obese. It will hardly be surprising to hear therefore that questions have arisen as to whether obesity is a disability.

Read More »

Compensation against one respondent can be demanded from any

In discrimination cases, employees can sue both their employer and anyone they think has helped their employer to act in a discriminatory manner. In London Borough of Hackney v Sivanandan, the Court of Appeal confirmed that where employees claim money from multiple parties, compensation must be awarded on a joint and several basis (i.e. the employee can claim the full amount from any of the parties and the unsuccessful respondents then have to sort out who ought to pay which proportion of the damages between themselves).

Read More »

Final warnings are final

In February 2005, Miss Davies, a high school teacher, was given a final written warning for alleged gross misconduct which was to remain on her record for 24 months. Miss Davies appealed the decision but subsequently dropped it after being advised by her trade union that the Council could potentially increase the sanction from a final warning to dismissal at the rehearing. In 2006, Miss Davies was accused of further misconduct. In deciding to dismiss her, the Council took into account the final written warning on her record.

Read More »

Volunteers have no protection under discrimination law but interns do

In X v Citizens Advice Bureau, X signed a volunteer agreement to work four to five hours a week for a Citizens Advice Bureau. The volunteer agreement specifically stated that it was “not an employment contract or legally binding”. The CAB subsequently asked the volunteer to stop working for the organisation. She claimed that this was disability discrimination.

Read More »

Wearing crosses / Tensions between rights of homosexuals and religious groups …at work

To the great joy of the Daily Mail, in the much publicised case of Eweida and Ors v UK, the European Court of Human Rights ruled that Nadia Eweida, a practising Christian and British Airways check in worker should not have been prevented by BA from wearing a visible plain silver cross necklace. Whilst the European Court agreed that BA’s aim to promote their corporate image was reasonable, there was no evidence that employees wearing religious items had a detrimental impact on that image. The European Court decided that there had been a breach of Ms Eweida’s right to manifest her religion. The fact that BA subsequently amended their uniform policy demonstrated that the earlier prohibition was not very important.

Read More »

If you’re one of two employers being sued, don’t be the first to settle

In Optimum Group Services Plc v Muir, Optimum lost a key contract. They thought Mr Muir’s employment should transfer to the new providers, Beaumont, under TUPE. The new providers denied this and said that Mr Muir was redundant and should claim payments from Optimum. Mr Muir ended up with no job and no redundancy payment so sued both Optimum and Beaumont. Mr Muir reached a settlement with Beaumont before the hearing where they agreed to pay him £20,000. He continued his claim against Optimum and won. The Tribunal found that Mr Muir had been unfairly dismissed by Optimum. In calculating the compensatory award for unfair dismissal, it decided not to deduct the £20,000 settlement payment from Beaumont because to do so would give Optimum, who had behaved badly, a ‘windfall benefit’. The Employment Appeal Tribunal held that the first tribunal had got it wrong. A Tribunal, when calculating compensation for unfair dismissal, should only consider what actual financial loss was suffered by a claimant as a consequence of dismissal. The Tribunal cannot enable a claimant to profit financially irrespective of the circumstances. The Tribunal also erred when it sought to penalise Optimum for its behaviour towards Mr Muir.

Read More »

Employee-Owner status: shares for staff instead of employment rights

Probably the most radical reform proposed by the Government is the new ‘employee owner’ status, whereby employees will forfeit major employment rights (like unfair dismissal) in exchange for employees being given shares in their employer worth £2,000 or more. These shares will be sold back to the employer for a reasonable price and up to £50,000 worth of shares will be exempt from Capital Gains Tax (CGT) at the point of sale. This is due to come into force in April 2013.

Read More »

Employers can rely on unrelated earlier disciplinary warnings to dismiss an employee for misconduct

In Wincanton v Stone, Mr Stone was employed as a driver for Wincanton. In 2009, Mr Stone received a first written warning for being insubordinate. In 2010, Mr Stone breached Wincanton’s health and safety rules when he pulled out of a loading bay when the light was red. This was not an act of insubordination but carelessness. Wincanton dismissed Mr Stone on the basis that the earlier warning “tipped the balance” in favour of dismissal, even though the two warnings were for very different types of conduct.

Read More »