Employment Advice for Employees

A postman has won his claim of unfair dismissal because sticking chewing gum on a customer’s property was not serious enough to be gross misconduct. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. That was the decision of the Employment Tribunal in a case that involved Graham Harvey and Royal Mail. Harvey had worked as a postman for more than 25 years on a rural route near…

A personal care assistant was unfairly dismissed and discriminated against after being called “useless” when she revealed she was pregnant, a tribunal has ruled. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved care assistant Sandy Croly who was employed by Kelly Ann Smith, who is paralysed from the neck down. Smith lived with her two children, aged nine and eleven, and employed four other…

The Employment Tribunal has ruled that an Irishman was racially harassed and victimised when his bossed danced “like a leprechaun” in front of him and mocked his accent. Joanne Stronach Head of Employment and HR reports on this recent case. The case involved Jonathan Kelly, who worked in the warehouse at the Oriental superstore Hoo Hing in Romford.  When a warehouse colleague was nearly hit by some heavy items that fell…

A marketing executive has won her case of unfair dismissal after she was subjected to a ‘sham redundancy process’ so her employers could use a younger employee to handle their social media accounts. Joanne Stronach Head of Employment and HR reports on this recent case. Sylvia Williams worked for Lyons Holiday Parks for ten years until she was dismissed in 2020. Williams used traditional marketing methods such as tours with promotional…

An employee was unfairly dismissed after he refused to return to the office during the pandemic because he lived with his girlfriend who was clinically vulnerable. Jennifer Cafferky Solicitor in our employment team, reports on this recent case. The case involved Nicholas Quelch, who worked as a compliance analyst at Courtiers Support Services. On March 18, 2020, Quelch began working from home after the Prime Minister said the public must stay…

EMPLOYERS need to do more to support female workers through the menopause, says a leading employment solicitor. Joanne Stronach, who is Head of Employment Law and HR at Cartmell Shepherd Solicitors, said businesses face losing valued members of the workforce unless they put in place measures to support women experiencing menopausal symptoms. Almost one in four women cut short their careers because of the menopause, with those experiencing serious symptoms…

A former partner in an accountancy firm has lost his appeal against a ruling that he had brought an age discrimination claim out of time. Joanne Stronach, Head of Employment and HR, reports on this recent case. The case involved Philip Parr and MSR Partners LLP (formerly Moore Stephens LLP). Parr had been an equity partner of the firm when it was Moore Stephens. The LLP Members’ Agreement provided for all…

EMPLOYERS should think carefully before reducing sick pay for isolating unvaccinated staff, says a leading employment solicitor. Joanne Stronach, who is Head of Employment Law and HR at Cartmell Shepherd Solicitors, said employers could put themselves at risk of contract or discrimination claims if they introduce rules without first seeking legal advice. The warning comes after several national companies including Ikea and Morrisons cut sick pay for unvaccinated staff who…

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’…