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EAT upholds ET decision that disabled employee dismissed because of mistaken belief that he was doing physical work while on sick leave was discriminated against

In the case of Pilkington UK Limited v Mr A Jones Mr Jones worked for Pilkington UK Ltd, a glass manufacturer. He suffered from a painful condition affecting his shoulder following treatment for cancer. He was initially placed on light duties and was later signed off work on long term sickness absence because of his mental health. Medical advice was that Mr Jones would not be able to perform manual work again, but once the pain had been controlled sufficiently, he would be able to return to work in a non-manual role. There was no dispute that Mr Jones was disabled.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 25 September 2023

Admin worker loses unfair dismissal claim after refusing to return to work following two years of maternity leave

In the case of Ms Jowita Parsons v International Forest Products (UK) Limited Ms Parsons  commenced employment with the respondent in March 2019 as an import coordinator. The respondent employs 21 people in the UK and Ms Parsons’ role involved the administration for fulfilling and delivering orders of products such as paper and packaging.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 22 September 2023

Farm shop worker who refused alternative offer of employment during redundancy period then changed her mind was unfairly dismissed

In Mrs D Love v M.B.Farm Produce Limited the Claimant worked at the Respondent’s farm shop in Faversham. The Respondent also had a shop at Stockbury. On 22 September 2022 Mr Brown, the owner, wrote to the Claimant to inform her that he was closing the shop and she was at risk of redundancy. He advised her that there was an alternative role at Stockbury.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 21 September 2023

EAT rules that autistic insurance claims advisor was not dismissed but employment was terminated consensually

In the recent case of Riley v Direct Line Insurance Group plc, the Employment Appeal Tribunal dismissed Mr Riley’s appeal against the decision of the employment tribunal to reject his unfair dismissal claim against his employer, on the basis that there was in fact no dismissal but rather a consensual termination to his employment

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 20 September 2023

Fines raised for employment of undocumented workers

New fines are set to come into force in early 2024 for firms who are found to have repeatedly employed illegal migrants. Businesses who are found to have done so could face increased fines. The civil penalty was previously £15,000 for each illegal worker for the first offence, which will now rise to £45,000. For repeated breaches, the fines will now triple from £20,000 to £60,000. 

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 19 September 2023

Teacher wins unfair dismissal and victimisation claim after being given ‘unusually damming reference’

In Mr I Haq v (1) United Learning Trust, (2) Alyson Littlewood, (3) Ed Saville Mr Haq is a British Indian man. He joined Marsden Heights Community College as a Geography teacher in 2015. In Spring term 2021, concerns were raised as to Mr Haq’s performance through the school’s system of coaching/professional development review.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 18 September 2023

Birmingham City Council declares bankruptcy over equal pay claims

Birmingham City Council has issued a s.114 Notice as part of the plans to meet the Council’s financial liabilities relating to Equal Pay claims and an in-year financial gap within its budget which currently stands in the region of £87m.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 15 September 2023

New ET1 and ET3 forms and process

New ET1 (claim) and ET3 (response) forms have been launched, as well as a video produced by HMCTS to assist users to register for the new MyHMCTS portal and upload an ET3 using that portal. MyHMCTS is designed to be an online platform that will enable parties to manage their cases digitally, such as by the electronic uploading of documents rather than email, cloud systems or post.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 13 September 2023