Employment Advice for Employees

Amazon granted non-disclosure injunction against former employee

February 28th 2020
 

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…

Employers ‘need strong policies against workplace harassment’

February 13th 2020
 

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…

Claire Davies

Royal Mail employee unfairly dismissed after manager’s false report

January 20th 2020
 

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…

Nurse wins discrimination claim but loses over harassment

January 7th 2020
 

A mental health nurse who was subjected to abuse by patients has won a claim of indirect race discrimination by his employer. However, his claim for harassment was rejected by the Employment Tribunal. Colleridge Bessong, from Africa, worked for Pennine Care NHS Foundation Trust (2019) at a secure residential unit. In 2017 he was seriously assaulted by a patient who also racially abused him. The patient had a history of…

Chronic fatigue sufferer wins unfair dismissal claim

December 23rd 2019
 

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…

Joanne Stronach

Ryanair discriminated against flight attendant over brain tumour

December 16th 2019
 

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…

Claire Davies

Financial adviser unfairly dismissed after ‘spurious allegations’

December 6th 2019
 

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…

Joanne Stronach

Mulberry wins confidentiality agreement dispute with employee

December 2nd 2019
 

 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.…

Claire Davies

Employers wrong to dismiss worker who could not take on a full-time role

November 25th 2019
 

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,…

Joanne Stronach

Worker was discriminated against due to his ‘perceived religion’

November 18th 2019
 

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…

Claire Davies
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