Employment Advice for Employers

 The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs ahead of their launch to market. She was dismissed after she refused to sign a confidentiality agreement. Mulberry believed that by refusing to sign, she intended to copy some of its products.…

The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full-time workers. The case involved an employee of Capita Customer Management Limited named Mrs J McBride. She worked as head of quality and compliance before taking maternity leave in April 2015. She returned to work two years later and resumed her duties,…

A Royal Mail worker was a victim of racial discrimination even though the comments made towards him were not specifically about his own religion. That was the ruling of the Employment Tribunal at a recent hearing involving Mr Shunmugaraja, who was a manager at the Royal Mail Cardiff depot. He described himself as a Hindu of British-Indian origin. One of his workers, Mr Brown, refused to complete various tasks, and…

By Claire Davies Director A logistics manager at a transport company was unfairly dismissed after he raised concerns about the lawfulness of the company’s staffing rotas and was then made redundant. That was the ruling of the Employment Tribunal in a case involving Mr R Mott who began working for Secure Care in July 2018. The company provided transport for NHS patients with mental health problems. Mott’s duties were to…

by Joanne Stronach Head of Employment & HR A pub manager has won a sexual harassment claim after a senior co-worker engaged in ‘poor taste humour’. The Employment Tribunal judge said the case showed that a person’s dignity can be violated even when there is no ‘malicious intent’ on the part of the perpetrator. Ms J Prewett had worked for Greene King for 23 years. She was manager of the Big…

by Joanne Stronach Head of Employment & HR An NHS director who was suspended after he made controversial comments based on his religious beliefs has failed with his discrimination claim. Richard Page was a non-executive director of an NHS and social care trust, and held a position as a lay magistrate in the family court. He was a practising Christian and had strong views against same-sex couples being suitable adoptive parents.…

by Joanne Stronach Head of Employment & HR A security officer at Heathrow airport was unable to hold his employers liable for a racially offensive image he was subjected to on his colleague’s social media account. Mr O Forbes said he suffered harassment, victimisation and discrimination after fellow security officer Deborah Stevens posted to her personal Facebook page a picture of a ‘golliwog’ with the caption: “Let’s see how far…

by Claire Davies Director A diabetic bank manager was discriminated against after being dismissed following an incident that saw him lock a customer in the branch. Mr B Kuppala was employed by HBOS for 14 years and worked his way up to manager of its Oxford Street Halifax branch. However, due to his diabetes, he made numerous security errors including leaving the keys to the branch in the doors and…

By Claire Davies Director The government has introduced a new set of additions to its ‘Good Work Plan’ which aims to increase the rights of workers. Some of the key elements of the scheme include: workers to be given enhanced rights to tackle unscrupulous employers who do not comply with the law a new body that will enforce holiday pay for vulnerable workers and ensure agency workers are not underpaid…

By Joanne Stronach Head of Employment & HR An agency worker has lost his claim that he should be entitled to the same number of working hours as a permanent member of staff. Dominik Kocur was employed by recruitment company Angard Staffing Solutions, who provided staff for Royal Mail. Kocur regularly worked alongside permanent members of Royal Mail staff, performing similar duties. However, whereas the Royal Mail workers were guaranteed…