Category: News - Page 24

Employment Appeals Tribunal considers if dismissing a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend is discrimination on the grounds of religion or belief

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 … Read more

Appeal against the ET’s finding that the Claimant was not unfairly dismissed (Hamilton v Solomon And Wu Ltd UKEAT/0126/18/RN).

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 … Read more

EAT overturn Employment Tribunal decision that Employee off with PTSD was not disabled

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 … Read more

Employees right to have statement of employment particulars when employed for less than 2 months

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 … Read more

Does a school have to give a good reference for an employee?

There is a common misconception that a current or former employee is entitled to a ‘good’ reference or, more accurately, that an employer cannot make any negative comments about an employee. This is simply wrong. In the education sector a useful starting point is the School Staffing (England) Regulations 2009 (SI 2009/2680) which states that … Read more

Employee unfairly dismissed for failing drugs test

In Ball v First Essex Buses Limited ET 3201435/2017 an Employment Tribunal decided an employee was unfairly dismissed for gross misconduct when he failed a routine drug test. The Law An employer must hold such investigation as is “reasonable in all the circumstances” when investigating a potential misconduct issue (Sainsbury’s Supermarkets Ltd v Hitt [2002] … Read more

Workers do not automatically lose right to payment in lieu of untaken holidays

Summary In two German cases relating to the right to a payment in lieu of accrued but untaken annual leave the European Court has ruled that, under the Working Time Directive, a worker does not automatically lose their accrued but untaken holiday entitlement at the end of a holiday year in when they … Read more

Managing Director assaults Employee at hotel drinks after Christmas party – Appeal

Firstly, it is important to note that cases involving vicarious liability depend heavily on the facts. Vicarious liability in employment terms is where an Employer is held responsible for the acts or omissions of an Employee in the course of employment. The test used in these cases asks the question, were the torts so closely … 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 … 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 … Read more

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