In the case of Ms C Burton-York v Diocese of Westminster Academy Trust a black teacher who was racially discriminated against has won £460,000 after she was shunned in her senior role and a white “less qualified” colleague took on her top job instead.
Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 20 December 2022
In the case of Mr E C Oise v Spring & Co Solicitors Ltd an employment tribunal has ruled that the dismissal of a solicitor in his absence was ‘procedurally unfair’.
Employment Judge G D Davison, sitting at Watford, found that Bedfordshire firm Spring & Co Solicitors acted ‘unreasonably’ in pushing ahead with a disciplinary meeting despite Edegbai Oise having a medical note to show he was unfit to work.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 19 December 2022
In the case of Arvunescu v Quick Release (Automotive) Ltd the Court of Appeal considered whether a claimant was precluded from bringing a claim for victimisation under a COT3 agreement, which the parties had entered into to settle a previous race discrimination claim brought by the claimant against the respondent.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 16 December 2022
The government has published its response to last year's consultation on updating flexible working laws. Read the summary:
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 15 December 2022
In Hilaire v Luton Borough Council the UK EAT found that it was not a reasonable adjustment simply to slot a disabled employee into a new organisational structure as part of a redundancy exercise. Although this would have alleviated disadvantage to the employee, it would have impacted on other staff who had taken part in the redundancy selection process.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 14 December 2022
In the case of Mr C Hagan v Sky Retail Stores Limited Mr Hagan was employed as a sales adviser at the Sky stand in Kingston upon Thames’s Bentall Centre from 7 August 2017 until his dismissal on 25 November 2020.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 13 December 2022
The EAT has held that the dismissal of an employee “vanished” as a consequence of her successful internal appeal of a dismissal decision. To avoid this outcome, the employee should have withdrawn her appeal in no uncertain terms. Merely stating that she did not wish to return to work was not enough to constitute the retraction of an appeal.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 12 December 2022
On 1 December 2022, the House of Commons Library published Briefing Paper (Number 7068): Gender pay gap. This briefing paper provides information on the size of the gender pay gap in the UK and how it varies by factors such as age, occupation and location.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 9 December 2022
The Lord Chief Justice and Senior President of Tribunals announced a change in the practice of how certain Judges are addressed in court. From now on, the Judges listed below should be addressed in court or tribunal hearings as ‘Judge’
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 8 December 2022
Businesses are often faced with the difficult position of employees leaving who may be in possession of confidential material and trade secrets. There is a risk that current or former employees (and/or directors) may seek to use that material to their advantage, for example by competing with their former employer.
Article by: Makbool Javaid, Partner - Simons Muirhead Burton 7 December 2022