Supreme Court rules on burden of proof in employment claims
August 12th 2021The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. Joanne Stronach Head of Employment & HR reports on this recent case. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals dealing with discrimination claims, particularly in reference to the burden of proof and whether any adverse…
What should you do if you or your staff are ‘pinged’ by the NHS COVID-19 App? Guidance for employers
July 22nd 2021It is being reported that there are an increasing number of people being ‘pinged’ by the NHS COVID-19 App. The terminology ‘pinged’ is referring to when a person is sent an alert by the App. The App sends anonymous alerts if the user has been in close contact with another app user who has tested positive and will notify them that they should self-isolate, thereby helping to break chains of…
What now for employers with Covid restrictions being eased?
July 15th 2021Legal restrictions in place in respect of Covid-19 will start to end on Monday 19th July in England, Wales and Scotland. Each country is taking a slightly different approach to timings and some of the detail around what is required, but in all countries, there is the start of an easing. This is a significant move away from the restrictions and obligations that we have been living with for over…
Nurse dismissed by North Cumbria Integrated Care NHS for refusing to work weekends wins appeal in landmark ruling
July 6th 2021A nurse who was dismissed for refusing to work weekends has won a landmark ruling that could affect thousands of women with children. Joanne Stronach Head of Employment & HR reports on this recent case. The community nurse had worked fixed days because she had three children, including two with disabilities. However, she was dismissed after the trust introduced weekend working. She said she was unable to work Saturdays and Sundays…
Boss told cancer patient she was ‘lucky to get a free boob job’
June 23rd 2021A 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…
Court allows company to search employee’s personal computer
June 14th 2021A 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…
Sleep-in care workers lose final appeal over minimum wage
May 24th 2021Care 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…
Cleaner accused of ‘throwing a sicky’ was unfairly dismissed
April 28th 2021The 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.…
Engineer too late to claim holiday pay from Pimlico Plumbers
April 21st 2021An 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…
Driver’s dismissal for not wearing a facemask ‘was not unfair’
April 15th 2021A 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 &…
