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Postman sacked for sticking chewing gum to customer’s gate wins unfair dismissal claim

In the case of Mr G Harvey v Royal Mail Group Ltd Graham Harvey was a postman for more than 25 years. He was based at the Royal Mail's Prestonpans office, near Edinburgh, and worked a primarily rural route. In October 2020 a customer visited the office to make a complaint about Mr Harvey saying that he had removed a piece of chewing gum from his mouth and placed it on a gate lantern at the property. The incident was captured on CCTV footage which was e-mailed to Mr Hanratty, the deputising manager, along with a photograph and a written version of the complaint. The customer’s email described the conduct as “disgusting”. He indicated that he (and his wife) did not wish to make a huge fuss about it.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 20 April 2022

Keep updated on the latest Right to Work checks

Further changes to the Right to Work check process came into effect on 6 April 2022. Prior to an employee commencing work in the UK, an employer must undertake the RTW check through one of the following

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 19 April 2022

Project manager wins unfair dismissal claim after not completing work while on furlough

In the case of Mr Canneaux v Land Science Limited, the employer is a business that provides testing and advice on ground engineering and contaminated land projects. At the time of Mr Canneaux’s dismissal it had about 18 employees. It had very limited administrative resources and did not even have an inhouse HR advisor.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 18 April 2022

Office manager wins unfair dismissal and disability discrimination claim after being refused new chair

In the case of Mrs Lynda Walker v Modular Office & Storage Systems Limited Mrs Walker’s  employment began in January 2001. She was originally employed to undertake general administrative work and tele-sales, but her role gradually encompassed that of the office manager. She was one of 6 full-time employees, which included the two directors.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 15 April 2022


Solicitor wins sex discrimination case after being made redundant following birth of triplets

In Mrs G Long v British Gas Trading Limited a lawyer has won a sex discrimination case after she was made redundant when her female bosses decided she had been 'less focused' since going part time after having triplets. Mrs Long had been working part-time ever since giving birth to her three children and was criticised for her 'focus', despite covering two people's roles while only doing three days a week.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 14 April 2022

Admin worker wins unfair dismissal case after resigning for fear of catching covid in the office and passing it to her cancer suffering husband

In the case of Mrs Regnante v Essex Cares Limited, Bridget Regnante worked for Essex Care Limited who work on behalf of Local Authorities providing care and equipment to people in their homes. It is a large company with over a thousand staff. Mrs Regnante was based in their Worthing office and she was there for about five years until her resignation in April 2020. She enjoyed her role and it was about five minutes’ walk from home.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 13 April 2022

Does an employer’s health and safety duty extend to the commute to work?

Employers should be well-informed when it comes to the wellbeing of their staff and know where and when their legal responsibility begins and ends. During the pandemic, the issue of the safety of the commute to work arose in light of the risk that travelling to work could expose an employee to harm from coronavirus particularly if they were travelling at peak times. However, the responsibilities of employers are much wider than putting measures in place to try to protect their staff from the virus, and they impact some sectors more directly than others.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 12 April 2022

Student officer loses unfair dismissal claim after cannabis found in bag

In the case of Mrs A Harding v Oldham College Amy Harding was employed by the College as a Student Data and Curriculum Compliance Officer. The College has a zero-tolerance policy in respect of illegal drugs on college premises. An employment tribunal heard concerns had been raised about a smell of cannabis around Miss Harding by her line manager, Sharon Figgins.  

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 11 April 2022


Boxer loses unfair dismissal claim after month long coma following fight

In Mr Gary Murray v SP Transmission Mr Murray worked for Scottish Power as a Linesperson. His work involved the maintenance and repair of high-powered electrical distribution lines, cables and systems, plus emergency repairs. This included inspecting overhead power lines and working at height on transmission towers.

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

Sainsburys worker wins unfair dismissal claim after inappropriate behaviour due to head injury

In the case of Mr C Kelly v Sainsbury’s Supermarkets Ltd  Mr Kelly’s employment with Sainsburys as a trainee manager began in March 2000. He was promoted to duty manager in 2002 and appeared to have good prospects. Unfortunately, in 2004, Mr Kelly was involved in a serious road traffic accident. He was in an induced coma for about a month and remained in hospital for a number of months thereafter.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 7 April 2022