Appeal against the ET’s striking out of a claim by the Claimant that he had been unfairly dismissed by virtue of s 104 Employment Rights Act 1996 (“ERA”) for asserting a statutory right. Appeal dismissed.  Background Mr Spaceman was employed by the Respondent with effect from 13 October 2015 as a dispatch porter in West Middlesex University Hospital. He worked night shifts from an office shared with female staff employed on a help desk by a client of the Respondent. In April 2017 one of those female employees made an allegation against the Claimant of sexual harassment and assault. Mr Spaceman was suspended and in early May, two others made similar allegations. On 31st May 2016, a disciplinary hearing took place. Mr John Neckles, a Trade Union Official, represented Mr – Read More…

New guidance on calculation of holidays published On 25th February 2019 the Department for Business, Energy and Industrial Strategy (BEIS) published guidance on how to calculate holiday entitlement correctly. This has come from a Government backed campaign to prevent workers losing out on holiday pay after an alarming lack of awareness from both Employers and Employees. The guidance explains how to calculate holidays in many circumstances. The BEIS made a statement saying “We want to see more businesses getting holiday pay right for their workers, helping to maintain a fair working environment for all. The onus is on you, as a responsible employer, to check your workers are receiving the correct amount”. There is also an online calculator that can be used to check statutory holiday entitlement (this will not – Read More…

Disabled employees will be able to benefit from almost £60,000 a year to assist them at work, the Minister for Disabled People announced in Parliament on 11 February 2019. From 1 April 2019 people will now be able to claim up to £59,200 annually to help pay for additional support that they may need in the workplace through the government’s Access to Work scheme. This can include workplace adaptations, assistive technology, transport and interpreters. It comes after the government increased the cap by almost a third last year. Now, even more people will be able to benefit, especially those from the deaf community who can get BSL interpreters through the scheme. Access to Work provides financial support to ensure someone’s disability or health condition doesn’t hold them back at work, – Read More…

Ms De Groen was employed as a teacher in a Jewish nursery. The nursery was run by Gan Menachem Hendon Ltd in accordance with ultra-orthodox Chabad principles. At a barbeque where parents were present, the teacher’s boyfriend revealed that they lived together which was against the beliefs of ultra-orthodox Jews. The teacher was dismissed after it had become known that she was living with her boyfriend. At a meeting with the headteacher and the managing director, the teacher was told that her private life was of no concern to the nursery, but it did risk damaging the reputation of the nursery. The teacher was asked to confirm that she no longer lived with her boyfriend so that the nursery could tell any concerned parents. The teacher refused to lie and – Read More…

The Claimant was employed by the Respondent company from 30 August 2016 until 22 November 2016 as a joiner.  The claimant has insufficient length of service to claim ordinary unfair dismissal. He claimed unfair dismissal under s 100(1)(d) ERA 1996 by reason of the dust in the workshop where he worked. The Claimant was line managed by Ms Paula Groves, Head of Resin Panel Production, who in turn reported to Mr Solomon.  The Claimant’s work was to sand and polish and sometimes cut the resin panels in the workshop and occasionally install the products on site. On 21 November 2016, Mr Solomon gave the Claimant a task to do under Ms Groves’ instruction using a new belt sander, the Wadkins sander.  Ms Groves was also collecting data about the new – Read More…

The Claimant, Ms Lamb had been employed at The Garrard Academy (the School) as a teacher. Ms Lamb went off sick on 29th February 2012 because of depression and alleged bullying at work. In March 2012 the Claimant raised a grievance about two incidents against the deputy headteacher at the School. The first incident related to the deputy head informing the Claimant that she was responsible for making a boy feel suicidal but failed to name the boy.  The second incident related to the Claimant passing on to the Deputy Head written complaints that a pupil had used racist language, the Deputy Head put them in the bin without looking at them. The Claimant’s grievance was investigated by the School’s Head of HR. The Head of HR upheld the Claimant’s – Read More…

This was an appeal following a decision made by the Employment Tribunal. Part of the appeal asked whether or not section 1 of the Employment Rights Act 1996 (“ERA 1996”) entitles an employee to a written statement of terms and conditions of employment if his or her employment ends between one and two months after the beginning of employment. The Claimants were employed by Maritime Hotel as waiting staff; all had short periods of employment. The Claimants were provided with accommodation at the hotel. None of them were given a section 1 statement of terms and conditions at any time during the course of their employment or thereafter. One claimant, Ms Woronowicz was employed for only 6 weeks, she complained as her employer had failed to provide a statement of employment – Read More…

The online Right to Work Checking Service which was launched in April 2018 gives employers access to up-to-date, real-time information about migrants’ right to work, making it easier for individuals to prove their rights in the UK. Until now, employers have still needed to request paper documents alongside using the service. The new changes will mean employers can use the online service to demonstrate they have conducted the necessary right to work checks. An employer using the online service will be excused from a civil penalty if: ·       The online check confirms that the employee is allowed to work in the UK and perform the work in question. ·       It satisfies itself that any photograph on the online right to work check is of the employee. ·       It retains a – Read More…

The Information Commissioner’s Office (ICO) has published detailed guidance on contracts and liabilities between controllers and processors. This guidance will help both controllers and processors to understand what needs to be included in a contract and why. It will also help processors to understand their new responsibilities and liabilities under the GDPR. There are many common issues to discuss about contracts and liabilities. The guidance is structured so that these are discussed first. After this, the issues specific to controllers and processors are discussed separately. Please note that this guidance is not a guide to contract law or to the intricacies of commercial contract negotiation. Source: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/contracts-and-liabilities-between-controllers-and-processors-multi/  

Background Mr Hargreaves was employed as a Teacher at Manchester Grammar School from 1st September 2005 until his dismissal on 17th June 2016. On 3rd March 2016, there was an interaction between Mr Hargreaves and a pupil which led to his dismissal. It was reported by a pupil (“pupil A”) that Mr Hargreaves had grabbed him, shoved him against the wall and then pushed two forefingers against his throat. When reporting this matter to his form tutor, on 7 March 2016, pupil A had apparently presented as visibly upset. Following an investigation Mr Hargreaves was invited to a disciplinary hearing to face three allegations: (1) of unwanted and unreasonable physical conduct against pupil A, (2) of breach of his duties as a teacher and of the Code of Conduct and – Read More…