In Miss S Croly v Kelly Ann Smith Sandy Croly was employed as a personal care assistant from 18 May 2019 until 28 July 2019 when she was dismissed with immediate effect. Ms Smith is paralysed from the chest down and requires care 24 hours a day. Miss Croly was one of five Personal Care Assistants employed by Ms Smith, and her work involved washing the respondent, assisting with toileting, dressing, administering cream and medication, shopping, household chores and looking after Ms Smith’s children. At the time of the Miss Croly’s employment Ms Smith lived alone with her two children who were aged nine and eleven.
Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 21 April 2022
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
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
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
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
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
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
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
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
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
