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CIPD research shows that too many employers are still using generic degree qualifications to screen candidates

The CIPD has called on employers to think strategically about their workforce requirements in a new report. The research highlights that the majority of employers (57%) still mainly look for degrees or post-graduate qualifications when recruiting staff. While a degree is a requirement for certain occupations and roles, the CIPD is warning that too often employers base hiring decisions on whether someone has a degree or not, regardless of its relevance. By doing this, the CIPD says employers could be missing out on key talent, exacerbating skills gaps and reducing employment opportunities for people.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 10 August 2022

Train manager wins unfair dismissal case after forgetting to turn his mic off after a Zoom webinar on white privilege and asking ‘do they have black privilege in other countries?’

In the case of Mr S Isherwood V West Midlands Trains Limited Simon Isherwood commenced his employment with West Midlands Trains, a well-known train operating company, on 7 September 2009. In 2015 he was promoted to the role of Senior Conductor Manager, a management position that he remained in until his dismissal.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 8 August 2022

Practice nurse dismissed after covering up unnecessary smear test wins unfair dismissal case because of ‘procedural errors’

In the case of Mrs Julie Higham v NM Health Innovation Limited an employment tribunal concluded a practice nurse engaged in ‘serious’ misconduct by altering a patient’s records to cover up an unnecessary smear test, leading to her dismissal. Julie Higham qualified as a nurse in 1987 and began working at Lostock Hall Village Surgery in 1998. One of her duties was to carry out smear tests on women.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 5 August 2022

Menopause should be classed as a protected characteristic

A cross-party group of MPs have called for the menopause to be made a protected characteristic. The government recently published it’s response to the ‘Menopause and the Workplace: How to enable fulfilling working lives’ report. Women will experience menopause symptoms that can, in some cases, be debilitating and have a significant impact on everyday activities. Without appropriate care these symptoms can have severe impacts on women’s physical and mental health, workplace participation and personal relationships.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 4 August 2022

Government publishes guidance on employment status for HR advisers and to help individuals and businesses understand which employment rights apply to them

Businesses and workers, particularly those in the gig economy, will benefit from greater clarity over their employment status, thanks to new guidance published by the government which brings together employment status case law into one place for businesses and individuals to access.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 3 August 2022

Support worker loses racial discrimination claim after director jokes that an African child ‘probably eats [rats] back home’

In the case of Ms M Acheampong v Supporting Young Futures Limited Ms Acheampong was a support worker for a private limited company which provides housing and outreach support to young people referred to it by the London Boroughs of Waltham Forest, Islington, Reading, Newham, Lewisham, Greenwich and Havering. Some of those young people are asylum seekers from a range of backgrounds. Peter Brown is the Director and principal shareholder.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 3 August 2022

Court of Appeal overrules “fire and re-hire” injunction against Tesco

In USDAW and others v Tesco Stores Ltd the Court of Appeal overturned an injunction that had prevented a supermarket from using fire-and-rehire to withdraw a collectively agreed contractual benefit that it had previously described as "permanent" and "guaranteed for life".

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 2 August 2022

Transgender NHS worker wins gender reassignment discrimination claim after ‘concern’ among staff that the woman was ‘naked from the waist down’ in the changing room

In the case of V v Sheffield Teaching Hospitals NHS Foundation Trust and others the Claimant is a transgender woman. She has a law degree, obtained as a mature student. The Claimant’s identity cannot be revealed for legal reasons. The Claimant applied for a full-time role as a Catering Assistant at the Northern General Hospital.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 1 August 2022

Landmark Supreme Court decision rules holiday pay for part-year workers should not be pro-rated

The UK Supreme Court earlier this week sided with the Court of Appeal in the case of a school music teacher engaged on a zero-hours contract providing lessons during term times. The ruling has implications for holiday leave and pay calculations for contingent work arrangements, employment businesses and others that employ workers on permanent contracts who work part of the year.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 29 July 2022