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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

Justice

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

Court of Appeal rules that employers can take action against striking employees short of dismissal

The Court of Appeal has ruled that workers taking part in any kind of industrial action are not protected from detriments other than dismissal. Under section 146 of the Trade Union and Labour Relations (Consolidation) Act (TULRCA), workers have the right not to be subjected to a detriment for taking part in trade union activities at an appropriate time.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 6 April 2022

EAT rules that media should have ET documents

As reported in The Guardian it has been ruled that journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, after a successful legal challenge by the Guardian. In a significant victory for open justice, the employment appeal tribunal threw out a ruling from a lower court that the costs of transparency would be too burdensome, and instead ordered that the Guardian should be provided with documents it had requested.

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

Police officer wins appeal claiming victimisation after job application rejected

In the case of Warburton v Chief Constable of Northamptonshire Police Mr Warburton applied to work with Northamptonshire police and in his application referred to an ongoing claim he had against another constabulary alleging discrimination. It was accepted that his other claim amounted to a protected act. He also mentioned various other matters, such as an incident of inappropriate behaviour at a social event and an allegation of racial abuse of a colleague, which he said was untrue.

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

Non-compete clause for lawyer upheld by Court

In the case of Law by Design Limited v Saira Ali the High Court has upheld a 12-month non-compete clause imposed by a niche employment practice on a director joining national law firm Weightmans. Saira Ali was an experienced employment lawyer who worked for Law by Design Limited which was a niche practice based in Manchester; in the main, it provided advice to clients within the healthcare services sector, particularly specific NHS entities in the Northwest of England and one in Hertfordshire.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 30 March 2022

What are the consequences if P&O’s brutal mass sackings were illegal?

On Thursday morning, news broke that P&O Ferries (P&O) had taken the decision to terminate the employment of 800 staff members with immediate effect. While the story has already attracted national media attention, it is important to understand the potential legal implications behind the decision, which has attracted heavy criticism.

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