Ms Levy was employed by East Kent Hospitals University NHS Foundation Trust since 29 March 2006 as an Assistant Administrator. Ms Levy had experienced various issues during her employment and had a difficult relationship with one of her colleagues. She had also been spoken to regarding her absence record. As Ms Levy became unhappy in her role, she applied for a different role within the trust. She was informed she was successful on 9th June 2016 subject to pre-engagement checks. On 10th June 2016, an issue occurred between Ms Levy and a colleague and this led to Ms Levy handing a letter to her Manager stating “Please accept one month’s notice from the above date. Her manager responded by letter on the same day accepting her resignation and confirmed that – Read More…

A new workplace right to paid leave for bereaved parents has been officially enshrined in law on Thursday 13 September 2018 as the Parental Leave and Pay Bill achieves Royal Assent. The first law of its kind in the UK will support those affected by the tragedy of childhood mortality and is expected to come into force in 2020. The new Parental Bereavement Leave and Pay Act will give all employed parents a day-one right to 2 weeks’ leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. Employed parents will also be able to claim pay for this period, subject to meeting eligibility criteria. The leave must be taken within 56 days of the child’s death. Source: BEIS: UK – Read More…

It was originally decided by the Employment Appeals Tribunal (EAT) that there was no dismissal where an employee was successful in his appeal addressing only one of two disciplinary allegations against him. The employee had a right to appeal under a contractual disciplinary procedure and after his successful appeal the decision to dismiss was revoked. In Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1689 the Court of appeal has now also agreed with the decision of the EAT. As part of the leading judgement, Sales LJ stated “I consider that …it is clearly implicit in a term in an employment contract conferring a contractual right to appeal against disciplinary action taking the form of dismissal that, if an appeal is lodged, pursued to its conclusion and is successful, – Read More…

Mr Afzal was employed by Dominos Pizza. since October 2009 He was obliged to make an in-time application by 12 August to remain in the UK legally and Dominos Pizza asked for evidence that he had done so. Mr Afzal emailed documentation very late on 12 August but his employer could not open the documents and therefore, because they were concerned to avoid any risk from continuing to employ him illegally, posted notice of dismissal to him on 12 August. No right of appeal was given. The Employment Tribunal found that the dismissal was fair and on the grounds of some other substantial reason, namely that Dominos Pizza genuinely believed that his employment was prohibited by statute. It had been reasonable for Dominos to hold this belief (given the lack – Read More…

The Employment Appeal Tribunal decided that the employer had not justified its decision to issue a disciplinary warning to a disabled employee.  The Claimant in the case, Mrs O’Conner, had a high level of sickness absence, over a number of years, relating to her disability.  She had exceeded the trigger points contained in her employer’s sickness absence procedure.  It was accepted that the employer had adopted a very careful and sensitive approach to managing her absence and had allowed a much longer period of absence than the policy would have allowed.  Ultimately, however, in 2016 she was disciplined and issued with a written warning after taking 60 days absence in the previous 12 months.  The Claimant claimed discrimination arising from her disability contrary to Section 15 of the Equality Act – Read More…

On the 13th June 2018 the Supreme Court dismissed the appeal of Pimlico Plumbers and agreed with the Court of Appeal decision that Mr Smith was a worker and not a self-employed contractor. Mr Smith worked as a plumber, carrying out work for Pimlico Plumbers between 2005 and 2011. In 2011 Mr Smith suffered from a heart attack and claimed he had been unfairly dismissed even though for VAT and income tax he presented himself as self-employed. Pimlico Plumbers had a business model which presented those carrying out work as working for the business itself. At the same time Pimlico Plumbers maintained that the relationship was self-employed independent contractors, not Employer and Employee. The Employment Tribunal, the Employment Appeals Tribunal and the Court of Appeal all reached the decision that – Read More…

Mr Roddis was employed as an associate lecturer by Sheffield Hallam University and commenced employment on 30 January 2006. He brought claims for unfair dismissal, less favourable treatment under the Part-Time Workers Regulations, and a claim of age discrimination. The age discrimination complaint was withdrawn, and the unfair dismissal complaint was dismissed by the Tribunal since it was found that the contract of employment had not been terminated and there is no appeal from that part of the decision. He brought various claims including less favourable treatment under the Part time Workers Regulations. The ET considered whether he was employed under the same type of contract as his comparator; Mr Mark Leader, who was employed as a lecturer on a full-time contract. The ET found that Mr Leader was not – Read More…

  Swansea City Council win appeal over whether SEN allowance was payable to teachers. Rees was employed between 22 April 2002 and 31 December 2015. Mrs Mann was employed between 1 September 1997 and 31 December 2015. Mrs Gustafson was employed between 15 April 2002 and 31 December 2015. The Claimants were home tutors and were employed by the Swansea City Council as home tutors. Mrs Rees said that between 80 and 100% of her time was spent teaching children with special educational needs. This was mostly done in the children’s own homes but occasionally she taught children in small groups, for example, at an education centre and the Tribunal found that this might be twice or three times a week. Mrs Mann said that about 75 to 80% of – Read More…

In Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978 the Court of Appeal have reviewed the ‘last straw’ doctrine and set out a 5 stage test to be applied in all constructive dismissal cases. In order to succeed in a constructive dismissal case an employee must show that the employer has committed a repudiatory, or fundamental, breach of the contract of employment and that the employee resigned as a result of the breach.  It is common for an employee to claim a breach of the implied term of trust and confidence.  Usually there is a series of acts and the employee relies on the final act as ‘the last straw’. The Claimant in this case resigned after being disciplined and issued with a final written warning following – Read More…

The Pensions Ombudsman has given his determination in a complaint by Ms R against the City of Wolverhampton Council and West Midlands Pension Fund. Facts Ms R was employed as a Higher Level Teaching Assistant at New Park School in Wolverhampton. Ms R was a member of the Local Government Pension Scheme (LGPS) On 7 February 2014, following a period of sickness absence, Ms R was referred to Occupational Health who said that she was fit to carry out her duties with the exception of being able to restrain pupils by herself. On 10 March 2014, Ms R was referred to Dr Gandham, an independent registered medical practitioner (IRMP) who certified that, in his opinion, Ms R is suffering from a condition that, on the balance of probabilities, renders her – Read More…