Doctor hired through her company still classed as a ‘worker’
October 28th 2019A doctor who provided services through her own company has been classed as a “worker” for employment law purposes, giving her various rights and protections. Reshma Narayan was registered with Community Based Care Health Ltd as a “duty doctor” and worked regular shifts on a 12-week rota at a single NHS medical practice. She was not obliged to accept work and Community was not obliged to provide any. She took…
Manager unfairly dismissed after ‘seriously flawed’ investigation
October 14th 2019By Joanne Stronach Head of Employment & HR A council manager who was unfairly dismissed has been awarded £100,618 compensation and reinstated in his job. Mr J Thornhill had worked at Camden Borough Council for 37 years. In 2017, the council was ordered to pay compensation over the mishandling of the tendering process for a contract to provide street lighting. It was Thornhill’s job to assess the requirements in the…
Pub manager was sexually harassed by ‘jovial’ co-worker
September 30th 2019by 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…
NHS director ‘was not discriminated against’ over religious beliefs
September 23rd 2019by 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.…
Airport not liable for employee’s ‘racist’ social media post
September 16th 2019by 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…
Manager unfairly dismissed after locking customer in bank
September 12th 2019by 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…
More additions to ‘Good Work Plan’ to protect low-paid workers
August 20th 2019By 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…
Parental leave is not equivalent to statutory maternity leave
July 25th 2019By Joanne Stronach Head of Employment & HR Two recent cases involving fathers taking paternity leave have highlighted a defining difference between parental leave and a mother’s statutory maternity leave. One male employee who worked for a technology firm sued for sex discrimination after his employers insisted he should not be paid at the same rate as mothers on statutory maternity leave. A similar case saw a policeman claim sex…
Ambulance staff entitled to have overtime included in holiday pay
July 18th 2019By Joanne Stronach Head of Employment & HR A court ruling in a dispute between ambulance workers and the NHS could affect employers across all sectors when it comes to factoring overtime into holiday pay. The dispute centred on whether ambulance staff were entitled to have an average amount of their voluntary overtime pay included when calculating their holiday pay. The Employment Tribunal ruled in favour of the NHS Trust,…
Worker was discriminated against because of poor language skills
July 11th 2019By Joanne Stronach Head of Employment & HR The Employment Tribunal has ruled that a transport worker was discriminated against because of his ‘lack of command’ of the English language. Mr A Khawaja, from Pakistan, worked for Transport for London (TfL) but was overlooked for development opportunities such as training and conference calls. The office held conference calls twice a day and the team members also took part in regular…
