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Appeal successful for employee diagnosed as autistic

In the case of Elliott v Dorset County Council Mr Elliott worked for Dorset Council as a Geographical Information Systems Manager. He was subject to disciplinary proceedings by a new line manager in which it was alleged that he had falsely recorded his working times, recording more hours than he had worked. The Claimant contended that he had agreed with his old line manager that he would record working hours of 9 to 5, irrespective of the exact hours he worked. On occasions he was absent during the working day, but often worked until late into the night at home; working considerably more than his contracted hours in total.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 23 April 2021

Salesperson wins sex discrimination claim

In the case of Stannard v Overseas Courier Service Mrs S Stannard was found to have been constructively dismissed. She was employed as a salesperson at a courier firm and was subjected to ‘demeaning’ and explicit sexual comments.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 22 April 2021

Employers and domestic abuse

Domestic abuse is an issue that has become more prevalent due to the COVID-19 pandemic, not least as those who experience domestic abuse are potentially having to spend more time with their abuser. It can be a work-related issue, not just because employers have a duty of care for the health, safety and wellbeing of their employees.

Article by: Charles Wynn-Evans and Alexis Westwood - Dechert LLP 21 April 2021

Appeal allowed against unlawful discrimination because of pregnancy and maternity

In the case of De Lacey v The Andrew Hill Salon  Ms Lauren de Lacey was employed as a trainee hair stylist at the Andrew Hill salon in Newton Abbott, Devon. She commenced her employment in September 2012.  She discovered that she was pregnant in May 2015 and informed her employer the same month.  She went off on maternity leave from 18 October 2015 and returned to work at the end of August/beginning of September 2016.  She resigned on 19 January 2017.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 21 April 2021

Office Manager refused permission to work remotely wins 60K

In the case of Hodgson v Martin Design Associates Lorraine Hodgson had been working for Mr Martin, the Managing Director, since 2007 in his mechanical and building services design business. Hodgson and Martin knew each other well and lived in the same village. Her son had also worked for the business for a year at some point.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 20 April 2021

Firefighter given £12,000 pay-out despite unfair dismissal claim being dismissed

In the case of Staines v North Yorkshire Fire and Rescue Service a North Yorkshire firefighter, Philip Staines, was sacked for calling a short, homosexual colleague "half a man". However, Staines has been awarded more than £12,000 because of the way his employer dismissed him without notice in 2020.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 19 April 2021

Is Your Diversity and Equality Training Good Enough?

When an employee commits an act of discrimination, the individual’s employer is vicariously liable to the victim for that employee’s conduct, unless the employer can establish the “statutory defence”. To establish this defence, the employer must be able to demonstrate that it took “all reasonable steps” to prevent the perpetrator from doing “that thing”

Article by: Charles Wynn-Evans & Emma Byford - Dechert Llp 19 April 2021

What are the COVID-19 statutory regulations in force until the end of June 2021?

Free test kits – in the next major push for the Government’s workplace testing programme, all employers will now be able to offer their employees free and regular testing that can be taken at home. Rapid home testing is available for all businesses with over 10 employees who cannot offer on-site testing. Businesses must register interest by 12 April to access the free tests.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 16 April 2021

Judge decides to end claimant’s claim

In the case of Nancy Mukoro v Independent Workers' Union Judge Snelson brought the claimant’s case to an end after she failed to turn up to a hearing because she had a painful tooth abscess and was in the dentist’s chair. The case had already gone on for some time and had caused the claimant serious anxiety, depression and panic attacks. The Judge felt that it would be better all round to end the case but the claimant disagreed and appealed the Judge’s decision and won.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 15 April 2021