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Another win for Deliveroo in the courts over workers’ rights

The latest appeals court ruling is the fourth judgment in the U.K. that supports Deliveroo’s contention that its riders are self-employed, following earlier judgments by the Central Arbitration Committee and two at the High Court. The case concerned the Independent Workers’ Union’s attempt to unionize a portion of the service’s delivery riders operating around Camden.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 9 July 2021

Can a constructive dismissal claim succeed where an employer has tried to put right the wrong

In the case of Flatman v Essex County Council Ms Flatman was employed as a learning support assistant. From September 2017, she was required to give support to a disabled pupil, meaning she had to engage in physical lifting activities. Over a period of months, she repeatedly requested manual handling training, but was not provided with it.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 8 July 2021

Appeal allowed after healthcare worker racially abused

In the case of Key Care Support Ltd v Johnson an agency worker, on a zero hours contract, accepted a night shift at Mather Fold House, a residential unit. Key Care Support supplies healthcare workers to its clients. Following that night shift the agency worker, Mr Johnson, was asked by Ms Rachel Wright of the agency how it had gone.  He had informed her that he did not like working at Mather Fold House for three reasons, one of which being that he had been racially abused whilst working there by an agency worker supplied by a different agency. 

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 7 July 2021

Employers should be proactive to guard against discrimination claims arising from the menopause

Women over 50 are the fastest growing sector of the workforce and most will go through the menopause during their working life. It can be a difficult and sensitive area for employers with a recent case reminding us that there is a potential for symptoms to meet the statutory definition of disability under the Equality Act.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 6 July 2021

Council worker wins unfair dismissal case for using racial slur

In the case of Stevenson v London Borough of Redbridge, Mr Stevenson was employed as an Applications Support Officer at Redbridge Council. He was dismissed for misconduct for saying the N-word during an internal Prevent training course. He had worked for the council for 32 years.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 5 July 2021

NHS receptionist wins unfair dismissal case for ‘fear of people’

In the case of Mrs S D’Silva v Croydon Health Services NHS Trust Sacramenta D’Silva worked at the chest clinic of Croydon Health Services but claimed she was “petrified” of working with members of the public and colleagues full-time.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 2 July 2021

dismissal

Both employers of investment bank traders vicariously liable for fraudulent trading

In Natwest Markets Plc and another v Bilta (UK) Ltd and others, the court ordered a re-trial, following a 19-month delay in the production of the original judgment. Separately, the court held that the individual wrongdoers were so much a part of the work, business and organisation of both defendant companies that it was just to make both employers answer for their tortious acts and omissions in the course of their employment.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 1 July 2021

NHS nurse wins case for unfair dismissal over working weekends

In the case of Dobson v Cumbria Partnership NHS a community nurse, Gemma Dobson, worked fixed days per week. Following a review, Cumbria NHS Trust sought to introduce more flexible working. In particular, it introduced a requirement that community nurses work flexibly, including working at weekends. Dobson was unable to comply because of her caring responsibilities for her three children, two of whom are disabled. She was dismissed and brought claims for unfair dismissal and indirect sex discrimination.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 30 June 2021

How can employers mitigate the risks of social media?

In the light of further historical offensive tweets, most recently by England cricket players, what are the key steps for employers to take to handle the use of social media by employees? The content of employee’s social media posts should clearly be a concern for employers. Past or present offensive social media posts by employees can potentially lead to employers being held liable for their employees’ actions as well as serious reputational damage and adverse publicity.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 29 June 2021

legal challenges

Appeal allowed in part in complex case involving police officer arrested for shoplifting

An appeal against the ET’s decision concerning alleged qualifying and protected disclosures has been allowed in part. In a very complex case, which began when a serving police officer, PC Pendlebury, was arrested at an Asda store in Ashton-under-Lyne for shoplifting and common assault against a security guard, several police investigators brought a case in the ET concerning alleged qualifying and protected disclosures in connection with their investigation into misconduct, corruption and possible criminal offences committed by a number of officers including senior officers.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 28 June 2021