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The claimant, Mr Gibson, worked as a chef in a restaurant owned by Lothian Leisure. The restaurant closed temporarily in March 2020 owing to the first Covid-19 lockdown and furloughed Mr Gibson. It asked Mr Gibson to return when it reopened. He was concerned about catching Covid-19 at work and passing it onto his clinically…
[ READ MORE ] from An employee dismissed because of Covid-19 concerns is awarded over £23,000
Mrs Witt (W) worked as a shop manager at New Quay Honey Farm Ltd (N) from 2002. On Friday 16th August 2019, Mr Cooper, the owners’ son, became angry when W attempted to discuss her pay with him. She said she was leaving and walked out. C followed her and flicked a ‘V sign’ in…
[ READ MORE ] from Tribunal awards £17,000 to an employee called ‘old woman’
The employment tribunal quarterly statistics for October to December 2020 show that single claims have increased by 25% and multiple claims by 82% compared with the same quarter in 2019. The number of single claims (13,225) also represents the highest number lodged in a quarter since January to March 2013. It is likely that this…
In Ms K Moth v The Chief Constable of Devon and Cornwall, a police officer whose boss advised her to “lose weight” and “stop drinking gallons of Coke” has won her claim for harassment at the tribunal. Why were these comments unlawful? Kerry Moth (‘M’), a detective police constable with Devon and Cornwall Police (DCP),…
[ READ MORE ] from Comments about weight and diet were harassment
Last month the Supreme Court unanimously upheld the employment tribunal decision that a group of 35 Uber drivers were workers for the Employment Rights Act 1996, the Working Time Regulations 1998, and the National Minimum Wage Act 1998. The court also confirmed that the drivers’ working time includes any period when they are logged in…
NLW and NMW rates from 1st April 2020 From 4th April 2021, the standard weekly rates of statutory maternity, adoption, paternity, parental bereavement and shared parental pay will increase to £151.97. From 6th April 2021, the weekly statutory sick pay rate will increase to £96.35 and the maximum amount of a “week’s pay” (used to…
As we adapt to the new working environment, many of you are considering asking your people to split their time between working from home and attending the workplace. Employees may have been working flexibly because of the pandemic and you may wish to make this arrangement permanent, particularly if they have performed to, or above…
In Case transcript of Tomlinson-Blake v Royal Mencap Society; Shannon v Rampersad and another (t/a Clifton House Residential Home)the Supreme Court decided that sleep-in care workers are entitled to be paid the national minimum wage only when they are awake to work, not when they are sleeping. Mencap employed Mrs Tomlinson-Blake. She provided care and…
In a recent Tribunal discrimination case at the Employment Appeal Tribunal the employer’s defence that it had provided equality and diversity training was criticised. The perpetrator and three others who were aware of the discrimination had participated in training, but it had been provided two years previously and was declared ‘stale’ and ‘ineffective’. The tribunal…
[ READ MORE ] from Is your equality and diversity training up to date?
The Supreme Court has handed down its decision today (19th March 2021) in Royal Mencap Society v Tomlinson-Blake and another case. In its judgment the court recognised the importance of carers and wardens who help to look after those who through age or infirmity cannot look after themselves. Carers are among those who work sleep-in…
[ READ MORE ] from The Supreme Court rules on sleep-in shifts
Pimlico Plumbers has made the news by confirming its intention to make it a contractual obligation for new starters to have the Covid-19 vaccine, and to change its existing contracts to include the obligation for existing staff members. However, much has been made about the validity of this decision and whether the company is able…
[ READ MORE ] from Can you make vaccines contractual obligations?
In Allay (UK) Ltd v Gehlen UKEAT/0031/20 (4 February 2021) we were reminded of the importance of effective and regular training on diversity. Allay dismissed Mr Gehlen for performance-related issues. He raised a claim of racial harassment. Allay agreed that one of its employees had made racist comments towards Mr Gehlen. However, it sought to…
