Joanne Stronach

The Employment Tribunal has ruled that a managing director was unfairly dismissed after his colleagues accepted a resignation letter he wrote ‘in the heat of the moment’. The case involved Robert Rae, who was managing director of Wellhead Electrical Supplies. Rae and other directors of the company had spent months discussing salary increases for their employees – with Rae more in favour of the idea than his colleagues. During one…

Employers may need to update their diversity policies to include ethical veganism after an employment tribunal held that it was capable of being a protected belief under the Equality Act. The case, which attracted widespread publicity, involved Jordi Casamitjana, who was dismissed from his job with the campaign group, the League Against Cruel Sports. Mr Casamitjana brought a claim of unfair dismissal, saying that he was sacked because of his…

Cartmell Shepherd Solicitors are proud partners of the Family Business Network who are here to champion family businesses across the North West, recognising their achievements and celebrating their successes. Following our commitment to the previous Family Business Award Ceremonies we were asked to take part in the judging of the People’s Choice Award for the North West Family Business Awards. The People’s Choice Award is a nomination only category and…

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…

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…

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…

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,…

A 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…

By 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…

by 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…