Employment Advice for Employers

Boss told cancer patient she was ‘lucky to get a free boob job’

June 23rd 2021

A woman with breast cancer who was told by her boss that she was lucky to get a free boob job from the NHS, has won her claim of harassment. Joanne Stronach Head of Employment & HR reports on this recent case. Aggie Kownacka was a recruitment manager for Textbook Teachers from June 2017 until December 2018. In May 2018, she was diagnosed with breast cancer and was required to undergo…

minimum wage

Court allows company to search employee’s personal computer

June 14th 2021

A company has been granted permission to search an employee’s personal computer and other devices as part of its investigation into the potential misuse of confidential information. Joanne Stronach Head of Employment & HR reports on this recent case. The case involvedDigital Realty Trust Inc and its senior director of acquisitions, Mr Coogan. The nature of his role meant that he had access to commercially sensitive and confidential information central…

minimum wage

Sleep-in care workers lose final appeal over minimum wage

May 24th 2021

Care workers who slept overnight at their workplace were “available for work” rather than “working” and so were not entitled to be paid the national minimum wage for the whole of their sleep-in shift. Joanne Stronach Director & Head of Employment and HR reports on this recent case. That was the decision of the Supreme Court in two cases that have major implications for residential care homes. Care workers who…

minimum wage

Cleaner accused of ‘throwing a sicky’ was unfairly dismissed

April 28th 2021

The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. In 2017, she became involved in a dispute over plans to alter her working hours.…

minimum wage

Engineer too late to claim holiday pay from Pimlico Plumbers

April 21st 2021

An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Joanne Stronach Director & Head of Employment and HR reports on this recent case. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded him as a self-employed independent contractor, without entitlement to paid annual…

minimum wage

Driver’s dismissal for not wearing a facemask ‘was not unfair’

April 15th 2021

A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a facemask while on duty during lockdown. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work involved driving to and from their supplier Tate &…

minimum wage

White worker wins race discrimination claim against food company

March 25th 2021

A white worker at a firm producing Asian food was racially discriminated against after his supervisor told him to “go and work for an English company”. Claire Davies Director and Employment & HR Solicitor reports. The case involved Colin Sorby who worked at Mumtaz Foods on a zero-hour contract with Bradford Management Services. In October 2019, his supervisor Azeem Akhtar told him that Mumtaz Foods was an Asian company and…

unfairly dismissed

Bullied NHS employee given fake task as a prank awarded £10,000

March 9th 2021

An NHS employee has been awarded nearly £10,000 after she was subjected to a series of cruel and bullying tricks by her co-workers. Joanne Stronach Director and Head of Employment & HR reports. Carol Hurley began work as a deputy finance business partner for East Sussex NHS Trust in October 2016. The following summer she received a ‘joke’ email from her line manager Stella Armstrong to ‘remind’ her that she…

minimum wage

Leading employment lawyer welcomes Chancellor’s furlough extension

March 3rd 2021

A LEADING employment law specialist has welcomed the move to extend the Government’s furlough scheme until the end of September. Joanne Stronach, Head of Employment Law and HR at legal firm Cartmell Shepherd Solicitors, said the move would give businesses time to recover following the easing of Covid-19 restrictions. The furlough scheme, which pays up to 80% of salaries to those who cannot work because of Covid-19 restrictions, was scheduled…

Publisher granted injunction against its former chief executive

March 3rd 2021

A publishing company has been granted a further injunction preventing its former chief executive officer from disclosing sensitive information obtained during his employment. Mark Aspin Director & Head of Dispute Resolution reports. The executive had worked for the publisher until he was dismissed for gross misconduct in 2018. He threatened to bring employment tribunal proceedings, but the case was settled in July 2018. The settlement agreement defined what confidential information…

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