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…
Agency worker not entitled to same hours as permanent employee
August 15th 2019By Joanne Stronach Head of Employment & HR An agency worker has lost his claim that he should be entitled to the same number of working hours as a permanent member of staff. Dominik Kocur was employed by recruitment company Angard Staffing Solutions, who provided staff for Royal Mail. Kocur regularly worked alongside permanent members of Royal Mail staff, performing similar duties. However, whereas the Royal Mail workers were guaranteed…
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,…
Huge fines being threatened by the ICO in two landmark cases
July 16th 2019Joanne Stronach Head of Employment & HR gives her views on recent headline. The ICO has issued a ‘Notice of Intention’ (NOI) to fine British Airways a huge £183.39 million for GDPR infringements. It is for a breach that took place last September, in which personal data of approximately 500,000 BA customers was compromised. The ICO has also issued a NOI to fine Marriott £99 million for a cyber incident…
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…
Woman asked for massage by boss wins sexual harassment claim
June 27th 2019By Joanne Stronach Head of Employment & HR A woman who was repeatedly asked to massage her managing director has won a sexual harassment claim. Emma Woolf worked as a sales manager for thermal cooling material provider, Universal Science. When she booked a two bedroom flat for a trade show, managing director James Stratford said that he would also attend the show and share the flat. His conduct throughout the…
Probation officer unfairly dismissed after accusation of abuse
June 26th 2019By Joanne Stronach Head of Employment & HR A probation officer has won her case of unfair dismissal after being accused of developing an abusive and controlling relationship with a former offender. Julia Hyland had worked as a probation officer for the Greater Manchester Probation Service since 1998. She was given the role of senior case manager for an individual referred to only as the Service User (SU) who had…
Refuse collector awarded £20,000 after unfair dismissal
June 19th 2019By Joanne Stronach Head of Employment & HR A council worker has been awarded £20,000 and reinstated in his role after the Employment Tribunal decided he had been unfairly dismissed. The case involved Colin Hart, a refuse collector working for Glasgow City Council. He was a member of a team based at the St Rollox Depot. There was an equivalent team based at the city’s Western Depot. They generally carried…