Employment Advice for Employers

The Employment Tribunal has ruled that a managing director was unfairly dismissed after his colleagues accepted a resignation letter he wrote ‘in the heat of the moment’. The case involved Robert Rae, who was managing director of Wellhead Electrical Supplies. Rae and other directors of the company had spent months discussing salary increases for their employees – with Rae more in favour of the idea than his colleagues. During one…

Amazon has been granted an injunction ordering a former employee to comply with the terms of his employment contract regarding the non-disclosure and non-use of confidential documents. The employee, Mr Tejan-Kella, had been an area manager for Amazon. He got into a dispute with the company and issued a claim in the Employment Tribunal. He was then dismissed on the basis that he had no right to work in the…

Bereaved parents will be entitled to 2 weeks’ statutory leave under new measures being introduced by the government. The Parental Bereavement Leave and Pay Regulations, which will be known as Jack’s Law in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue, will implement a statutory right to a minimum of 2 weeks’ leave for employed parents if they lose a child under the age of 18.…

Employers may need to update their diversity policies to include ethical veganism after an employment tribunal held that it was capable of being a protected belief under the Equality Act. The case, which attracted widespread publicity, involved Jordi Casamitjana, who was dismissed from his job with the campaign group, the League Against Cruel Sports. Mr Casamitjana brought a claim of unfair dismissal, saying that he was sacked because of his…

Employers are being urged to draw up comprehensive policies to protect their employees from  workplace harassment. The Equality and Human Rights Commission (EHRC) says the policies should cover everything from physical intimidation to office banter and jokes. Commission chief executive Rebecca Hilsenrath has written an open letter to employers reminding them that “their employees must come to work knowing they will be safe and protected from discrimination, victimisation and harassment…

A Royal Mail employee has won her case of unfair dismissal in a case that went all the way to the Supreme Court. Ms Kamaljeet Jhuti joined the Marketreach unit of Royal Mail in October 2013 on a trial basis as a media specialist. She quickly raised concerns about potential regulatory breaches in the processes. She made the comments under the company’s whistle blower policy, in which her comments were…

CARLISLE Airport was the setting as Cartmell Shepherd Solicitors’ expanded 12-strong business team met to plan how they can best support companies to expand their horizons in 2020. Cartmell Shepherd Solicitors’ business team now includes three corporate lawyers, six commercial property lawyers, and three in its commercial employment team, delivering advice to businesses of all sizes across Cumbria, Northumberland and beyond. With commercial lawyers with a wealth of experience available…

An occupational therapist who lost her job after years of suffering from chronic fatigue syndrome has won her claim of discrimination and unfair dismissal. Ms D Ward had worked for Northumberland Tyne & Wear NHS Foundation Trust since 2000. The trust operated a sickness and absence management policy under which employees faced disciplinary action if they had more than three absences from work in a 12-month period. In 2009, Ward…

The Employment Tribunal has ruled that the airline Ryanair discriminated against a flight attendant when she returned to work after being diagnosed with a brain tumour. Margita Dworak had worked for Ryanair from 2004-2018 and was a senior flight attendant at the time she resigned. In 2015, she began to experience severe headaches. These lasted for years and in 2017 she visited a specialist in Poland. She was later hospitalised…

A financial adviser was unfairly dismissed after his employer put unreasonable pressure on him to extend a restrictive covenant. That was the decision of the Employment Tribunal in a case involving Peter Ward, who worked as a financial planning provider for Fiducia Comprehensive Financial Planning from 2009-2018. In May 2018, Ward resigned from the company and gave his three months’ notice, stating that he intended to spend more time with…