Medical conditions and the disciplinary process; the case of Dytkowski v Brand FB Ltd is an important reminder for employers to consider an employee’s medical condition when following a disciplinary process, especially when it comes to possible dismissal. Facts The claimant was type 1 diabetic. Since his diagnosis, there had been a number of… Read more »
Following our blog on the Uber case in March 2021, we consider the Court of Appeal’s recent decision in Addison Lee Limited v Lange and Others and the implications for businesses operating in the gig economy. Key Facts Addison Lee provides private-hire taxis and courier services. The company provided their drivers with induction, training and… Read more »
Can menopause be classed as a disability under the Equality Act? Senior Associate Katie Hodson and Paralegal Matthew Ottley in our Employment and HR team consider the implications of a recent case, Rooney v Leicester City Council. This case concerned an employee experiencing menopausal symptoms and whether those symptoms amounted to a disability under the Equality… Read more »
Should you survey staff about their return to the office preferences? Whether it’s office or home working or a hybrid model of the two, here are our tips for getting employee buy in for your working model. The onset of the pandemic in March 2020 meant many employers quickly implemented home working. However, few had… Read more »
Charlie Wood examines an Employment Tribunal case on redundancy and maternity leave. In this case, an employee was made redundant after announcing her pregnancy and was found to have been treated unfavourably. In February 2019 the claimant told her colleagues she was pregnant – however unfortunately this news was not well received by senior management…. Read more »
Vaccination, sick pay and isolation periods are proving to be widely debated topics in employment. The supermarket Morrisons has removed full sick pay for staff instructed to self-isolate by NHS Test and Trace who have chosen not to be vaccinated. Should there be a ‘no vaccination, no sick pay’ policy for isolation periods? We discuss… Read more »
A Porsche salesman won his Employment Tribunal claim after suffering horrendous abuse in an all-male sales team with a toxic work culture. In Rathod v Pendragon Sabre Limited (2600579/2021), a Nottingham Employment Tribunal found a British Asian salesman was unfairly dismissed after he was subject to practical jokes and given racist nicknames such as ‘Chapati’… Read more »
Is it ever fair for an employer not to hear an employee’s appeal against dismissal? Katie Hodson, Senior Associate in the Employment and HR team, discusses the recent Employment Appeal Tribunal (EAT) decision in Moore v Phoenix Product Development Limited. Background The claimant was an inventor of a water efficient toilet, the ‘Propelair… Read more »
Over the years we have seen many changes and improvements in terms of LGBTQ+ rights. The same can be said for LGBTQ+ rights within the workplace. LGBTQ+ workers are now afforded the same protections as their non-LGBTQ+ colleagues when it comes to discrimination, however this does not mean that discrimination has been eradicated from workplaces…. Read more »
The case of Mrs L Hodgson -v- Martin Design Associates Limited is a very useful indicator of what not to do when responding to a flexible working request and resulted in an unfavourable outcome for the employer. The request In 2018 the claimant, Mrs Hodgson, requested to work from home, as many of… Read more »
