Health charity Mind and the CIPD have released a revised guide for Managers to improve support for those experiencing stress and mental health issues at work. It also sets out the practical steps that employers can take to create a mentally healthy workplace and help prevent poor psychological well-being in the first place. The updated guidance follows recent CIPD research which found that less than one in three organisations (32%) train line managers to support staff with poor mental health. Mental ill health is now the primary cause of long-term sickness absence for over one in five (22%) UK organisations. A recent Mind survey of over 44,000 employees also found that only two in five (42%) felt their manager would be able to spot the signs they were struggling with – Read More…
Appeal against a finding that the Claimant had not resigned but had been dismissed by the Respondent. Appeal dismissed.
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…
Parents who lose a child to be entitled to bereavement leave.
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…
GDPR Data breach complaints more than doubled
The ICO (The Information Commissioner’s Office) has seen a significant increase in the number of complaints about data breaches since GDPR came into force in May 2018. According to data, complaints to the ICO rose 160 per cent, to 6,281, between the 25th May and 3rd July this year compared to the same period in 2017. The complaints include individuals alleging that their personal data had been shared without their permission, and companies self-reporting incidents where data was accessed. Over a quarter of complaints were made against firms holding sensitive information in industries such as financial services, education and health It is suggested that greater media attention advertising have increased individual’s awareness of their rights and are therefore making complaints if they feel their personal data has been shared without – Read More…
Over half of workers (56 per cent) think it’s likely that they’re being monitored at work
New research conducted by the TUC has revealed that the majority of working people (56 per cent) think it’s likely that they’re being monitored at work. Almost three-in-four (72 per cent) believe it’s at least fairly likely that at least one form of workplace monitoring is happening in their workplace. The most common forms of surveillance include: Monitoring employees’ work emails, files and browsing histories (49 per cent of people think it’s fairly likely or very likely to be happening in their workplace) CCTV (45 per cent) Phone logs and calls, including the recording of calls (42 per cent) However, even more advanced forms of surveillance such as facial recognition and handheld/wearable location tracking devices are more commonly used than might have been expected. The TUC argues that many workers – Read More…
Revised Keeping Children Safe in Education 2018
The DfE has published the revised Keeping Children Safe in Education 2018 guidance which comes into effect from 3rd September 2018. This document sets out the legal duties with which schools and colleges must comply and also contains information on what schools and colleges should do (unless they have good reason not to) in order to keep children safe. This statutory guidance should be read and followed by: • governing bodies of maintained schools (including maintained nursery schools) and colleges; • proprietors of independent schools (including academies, free schools and alternative provision academies) and non-maintained special schools. In the case of academies, free schools and alternative provision academies, the proprietor will be the academy trust; and • management committees of pupil referral units (PRUs). The latest guidance which replaces Keeping – Read More…
Appeal against the dismissal of the Claimant’s claim of unfavourable treatment under s15 EA 2010. Appeal allowed.
Dr Ali worked as a GP for the Bedford Family Practice (the Practice). He went on long-term sick leave following a heart attack and his ongoing heart condition was accepted to be a disability for the purposes of the EqA 2010. A medical report confirmed that it was unlikely that Dr Ali would ever be able to return to work full-time, but advised that he could return on a phased, part-time basis. He then suffered a shoulder injury and was signed off work for a further six weeks. On the expiry of that certificate Dr Ali was dismissed by the Practice with immediate effect on the ground of capability. Attached to that letter was a document headed “Reasons for Dismissal”, the first reason given being Dr Ali’s inability to return – Read More…
Disclosure of rape acquittal in an enhanced criminal records certificate was not a breach of privacy
Facts In January 2011, AR was acquitted of rape by the Crown Court. He was a married man with children, of previous good character, and a qualified teacher, but was working at the time as a taxi driver. It was alleged that he had raped a woman who was a passenger in a taxi driven by him. His defence was that there had never been sexual contact with the victim. Following his acquittal, he applied for a DBS in the course of an application for a job as a lecturer. The certificate issued by the DBS included the following information about the rape charge and acquittal, as supplied by the Chief Constable of Manchester Police: ”On 4/11/09 police were informed of an allegation of rape. A 17-year-old female alleged that – Read More…
Where a contractual disciplinary appeal is successful, there is no dismissal (Court of Appeal)
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…
Court of Appeal outcome on Sleep-in shifts
The appeal against the Employment Appeals Tribunal (EAT) decision on national minimum wage for sleep-in shifts has been overturned. It was considered what rate of pay the worker should be entitled to where they were contractually obliged to spend the night at or near their workplace. A sleep-in is where a care worker sleeps at or near the home of someone they support so they are on hand in case there is an emergency or other problem in the night. The idea is the worker would sleep for all or most of the night but may be woken if required to carry out assistance. It has been decided by the Court of Appeal that the worker is actually ‘available’ for work rather than ‘working’. This relies on Section 32 National – Read More…