Employment Advice for Employers

A technologist has won his victimisation claim after being ‘named and shamed’ by his line manager without a proper investigation. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr N Chowdhury, who had been a senior critical care technologist at Barts Health NHS Trust since 2001.  In 2021, Chowdhury was involved in a confrontation with a colleague, Mr Patelca, who complained that Chowdhury had…

The Employment Tribunal has ruled that an employee was unfairly dismissed in what amounted to a fait accompli during an inadequate redundancy consultation. Joanne Stronach Director and Head of Employment & HR reports on this recent case. The case involved Mrs R Khamar, who was made redundant by PIE Pharma after 22 years of service. PIE Pharma said it had to make redundancies in the packaging department because it was adversely…

A former animal keeper has won a claim of unfair dismissal even though she broke company safety rules. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. Morna Gunn was employed at Auchingarrich Wildlife Centre, which houses a variety of domestic and wild animals such as short claw otters and Scottish wildcats that could pose a risk to visitors. Control measures were in place in the park, including…

The government has unveiled a series of employment law reforms aimed at boosting the economy and reducing costs for businesses. Joanne Stronach Director and Head of Employment & HR provides an update. The measures include changes to the Working Time Regulations 1998, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), and non-compete clauses. The measures are set out in the policy paper ‘Smarter Regulation to Grow the Economy’, published by…

A team leader with controller of site safety status who nearly caused a rail accident was unfairly dismissed because the delay in dealing with his case took too long and was “wholly unreasonable”. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case involving Network Rail Infrastructure (NRI) and Mr C Boxall. Boxall, who worked as a lubrication…

A tribunal has ruled that a long Covid sufferer could be classified as disabled despite being able to run a side business and attend regular sessions at the gym. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr S Bradley who brought an unfair dismissal claim against Cultureshift Communications. Before the claim could proceed in full, it was necessary to determine whether Bradley’s symptoms…

PLANS to give workers more rights to request flexible working could impact on the way businesses operate, a leading employment lawyer has warned. Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers needed to be prepared for the new legislation which will give workers the right to request flexible working from the first day of their employment. Currently, new employees have to wait 26 weeks…

The Employment Appeal Tribunal has overturned a decision that a woman was discriminated against because of her marital status. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Mr Graham Ellis and Ms K Bacon, who had both worked for Advanced Fire Solutions Ltd (AFS). Bacon joined AFS Ltd as a bookkeeper in 2005. She later married Mr J Bacon, who was the company’s managing…

A factory worker has won his claim of sex discrimination after his dispute with a female co-worker was not handled in an equal manner by HR. Joanne Stronach Director and Head of Employment & HR reports on this recent case. Michal Swaciak worked as a team leader production line operative for Rowse Honey from September 2012. In May 2020, a member of his team, Agata Kulaga, was in line for a…

An employability advisor was unfairly dismissed on the grounds of disability discrimination after requesting a suitable work chair. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the verdict of the Employment Tribunal in a case involving Justin Griffiths and Dimensions Training Solutions (DTS). Mr Griffiths’ role was to advise the company on correct practices when making adjustments for employees with disabilities. Griffiths had several ailments…