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M Gallacher vs Abellio Scotrail Ltd – An exceptional fair dismissal A fair dismissal requires a proper procedure to be followed, and the decision to dismiss to fall within the band of reasonable responses. However, in the employment tribunal case Gallacher vs Abellio Scotrail Ltd, an exception was made given
Working Time Regulations – Travel Time A group of home care providers were ordered to pay more than £100,000 in backdated earnings, equating to around £10,000 per employee, which was the equivalent of 9 months full time work at the national minimum wage and holiday pay rates because of a
Redundancy Consultation Deciding the threshold for when collective consultation is triggered: Case UQ v Marclean Technologies SLU looks at when the threshold exists for when collective redundancy consultation is triggered. In this case, UQ was dismissed on the grounds of redundancy, however the company then made a further 36 redundancies
Marital Status Discrimination Bacon v Advanced Fire Solutions Ltd and Ellis: Less favourable treatment after announcing divorce was marital status discrimination Mrs Bacon’s husband joined the organisation after Mrs Bacon, but both went on to take up Director roles. In 2017, Mrs Bacon informed Mr Bacon of her wish to
The following interesting health and safety case shows how even the biggest employers and well-respected companies that we all use still have difficulty in checking, maintaining and making their equipment safe. This accident could have been far worse and could have resulted in the worker not only losing their arm
Unfair Dismissal Chemcem Scotland Ltd v Ure: Unfair Dismissal? This is a case looking at whether an employee’s failure to return to work after maternity leave was a constructive unfair dismissal following repudiatory acts. In constructive dismissal claims, a contract is not automatically terminated by an employer’s repudiatory breach. For
Religious Belief Discrimination Mrs. K Higgs vs Farmor’s School: Employer successfully defends Religious Belief Discrimination claim Mrs. K Higgs, employed in a school, was dismissed for having posted on her private Facebook account, her own views criticizing the teaching of LGBT relationships in primary schools. The school had been made
Pregnancy Discrimination Ms K Wright vs Coupland Cavendish Ltd Ms K Wright was employed as an administrator and was dismissed after one week of employment because she suffered from pregnancy related hyperemesis, causing nausea, and vomiting. This led to her having two separate days off sick. The reason for the
Disability Discrimination Record £4.7m to bank worker bullied over disability In Royal Bank of Scotland plc v AB a bank worker has been successful in bringing a disability discrimination claim by being awarded more than £4.7 million after being made to feel “worthless” and “unsupported” by her colleagues and subjected
Unfair Dismissal and Disability Miss S J Austin vs The Leeds Teaching Hospital NHS Trust A hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record. The tribunal found that the Hospital Trust did not
The UK have 3 months until the reform of the IR35 legislation. It had originally been due to come into force back in April 2020, but the Government pushed it back a year to 6 April 2021. Whilst we must continue to respond to Covid-19 challenges as well as prepare
This guidance article will help you to consider health and safety in your workplace; because of the size and complexity of the relevant legislation, it can only provide the basic facts and is therefore not exhaustive. Some regulations apply to all workplaces: others are specific to industries with known hazards.
Deciding the Threshold for When Collective Consultation is Triggered This case law update provides a digestible account of a recent Employment Tribunal outcome. We take a look at the background details on the case, the rationale behind the judgements and takeaway learning points. Case UQ v Marclean Technologies SLU looks
Covid-19 Secure Spot Checks HSE is continuing to conduct spot checks and inspections to ensure workplaces are Covid-19 secure. Their inspections will enable businesses to seek further advice on how to manage the risks, protect workers, customers, and visitors. Participation in the spot checks is critical, and so where there
With 2020 nearing its close, in this article we reflect on the challenge’s businesses have faced in 2020 and consider what we can do to plan for the year ahead. We know that we will start 2021 still working in a Covid-19 secure way, but we will also see the
Social media is a powerful medium. It allows people to connect anywhere in the world, share information, builds, and connects communities as well as educate and serve as a tool to promote business. However, it also has a downside as trolling, cyber bullying, and data leaks become common. The challenge
According to the Living Wage Foundation, over 250,000 people will see wages boosted by 20p to £9.50 if their employer has signed up to the ‘Real Living Wage‘, and employees should receive the new rate in May 2021. Not to be confused with the National Living Wage (NLW), the Real
In recent months there has been an increase in crush injuries that have taken place in companies that span an array of different industries with the following just a brief example of some of the cases that have been prosecuted by the Health and Safety Executive (HSE): A company, which
The economic impact of the coronavirus continues to be felt by industries, businesses and employees across the world. Firms face navigating the complexities of keeping customers, employees and suppliers safe; shoring-up cash and liquidity; re-orientating operations and navigating the various government funding programmes that are available. Ten months of COVID-19
Home Secretary Priti Patel may have to give evidence at an employment tribunal following claims she forced out the Home Office’s most senior civil servant. Ms Patel is also accused of bullying staff and allowing a press briefing campaign to go ahead against Sir Philip Rutnam who resigned in February.
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