Employment Advice for Employers

A university lecturer was unfairly dismissed after she was accused of being ‘unnaturally loud’. Jennifer Cafferky, solicitor in our employment team, reports on this recent case. The case involved Dr Annette Plaut, who was an experimental physics lecturer at the university of Exeter until she was fired in 2019. She had been at the university since 1990. Her style involved leading many heated discussions which included expressive gestures, hand movements and…

A forklift operator who was sacked for attending work after his son contracted Covid has won his claim of unfair dismissal. He said he believed his son was just faking symptoms. Joanne Stronach Head of Employment and HR reports on this recent case. David Lewis had worked for The Benriach Distillery Company for 23 years with a clean disciplinary and attendance record. In February 2021, his line manager learnt that Lewis’…

A sales executive who suffered from a delusional disorder has lost his claim of disability discrimination. The Court of Appeal upheld the Employment Tribunal’s decision that his condition did not amount to a disability under the Equality Act. Jennifer Cafferky Solicitor in our employment team reports on this recent case. The case involved Mr Sullivan, who had worked for Bury Street Capital Ltd since 2009. Following a relationship breakdown in 2013,…

An employee at a biscuit factory who threatened a colleague while in a diabetic rage has won his claim of unfair dismissal. Jennifer Cafferky Solicitor in our employment team reports on this recent case Mr Dytkowski began working for Brand FB’s biscuit factory in 2009. He was diagnosed with insulin-dependent diabetes in March 2018, which he described as a “difficult diagnosis to accept and manage”. Occupational Health staff helped Dytkowski adapt…

Implementing hybrid working models permanently will help businesses attract the most talented employees, a leading employment solicitor has claimed. Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, is recommending businesses retain flexible working patterns where possible in order to keep and recruit the best staff out there, following the success and popularity of working from home during the Covid-19 pandemic and subsequent lockdowns. As the Government’s…

A mother who was dismissed during her maternity leave while the ownership of her company changed hands has won her discrimination claim. Jennifer Cafferky Solicitor in our employment team reports on this recent case Mrs Rodin worked for HR company DMS1 and went on maternity leave in June 2017. During her absence, the company underwent a change in ownership, with Dhillons Management Services taking over, although this company was also…

A leading law firm has appointed a new specialist employment solicitor to further increase the breadth and quality of support for its growing number of business clients. Jennifer Cafferky, who has worked in employment law for 15 years, joins Cartmell Shepherd Solicitors from national law firm Setfords Solicitors and has previously worked for Cumbria Law Centre as a senior solicitor. She will work alongside Joanne Stronach, who leads the Employment…

A veterinary assistant was unfairly dismissed after she challenged her employer’s view that the coronavirus pandemic had been ‘hyped up’. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved Charlotte Rendina who worked at Royston Veterinary Centre from January to March 2020. She was dismissed by her employer, Dr White, due to her ‘poor performance’. However, the Employment Tribunal heard that the timing coincided with…

Every employee is to be given the right to request flexible working – regardless of time served – under Government plans to modernise working practices. Joanne Stronach Head of Employment and HR provides an update. There will also be a day one right to one-week’s unpaid leave for carers balancing a job with caring responsibilities. Ministers say the changes will make for more productive businesses, whilst accommodating both staff and…

Employers in the hospitality sector could face tribunal claims if they are found top be withholding tips from workers, under new regulations being introduced by the government. Joanne Stronach Head of Employment and HR provides an update. The move is set to help around 2 million people working in one of the 190,000 businesses across the hospitality, leisure and services sectors, where tipping is commonplace and can make up a large…