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Is it lawful for part-time workers not to receive paid breaks if the reason is that they are working shorter shifts?

n Forth Valley Health Board v Campbell, James Campbell was a part-time Phlebotomist who worked 16 hours per week on a 6-week rota. It was the employer’s practice that workers received a paid 15 minute break when they worked shifts of 6 hours or more. Campbell did receive a paid break when working 6-hour weekend shifts but not when working 4-hour shifts during the week.

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

Estate agent denied early finish after maternity leave wins discrimination case

In Thompson v Scancrown Ltd, trading as Manors, Alice Thompson worked for Manors estate agents, based in Marylebone, London. The company had around 10 employees and catered to wealthy clients from overseas, particularly in the Middle East.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 14 September 2021

Companies urged not to let their guard down in relation to Covid when employees return to work

The Institution of Occupational Safety and Health (IOSH), the professional body for health and safety professionals, has reminded companies that it is too early to let their guard down regarding maintaining workplace safety in light of Covid. Companies should try to sustain preventative measures to restrict the spread of the virus.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 13 September 2021

Mortgage advisor wins unfair dismissal case after being fired for ‘always moaning’

In McMahon v Heron Financial Limited, Helen McMahon was employed as a New Build and Mortgage Protection Adviser and had worked for the employer for less than two years. She emailed her managers about commission payments she believed she should have received but which hadn’t been paid to her. She then took two weeks off due to illness, after which she called a meeting with her manager. She raised that she was working more than an average of 48 hours a week, that it was stressing her out and that she wanted somehow to reduce her hours.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 10 September 2021

High flying marketing director wins claim after boss jokes about pregnancy weight gain

In the case of Shipp v Sprint, Sally-Anne Shipp was a £100,000-a-year marketing director who was fired on maternity leave after refusing to take a £20,000 cut to do the same job. Male colleagues had asked Sally-Anne Shipp whether the baby was planned, when she had stopped using contraception and suggested placing a bet on how many pounds she would put on, an employment tribunal heard.

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

Waiter wins constructive dismissal case after boss burps in his face

In Simplicio v Alfona Limited, Edgar Simplico, a waiter at an Italian restaurant, was unfairly dismissed after his boss swore at him and burped in his face.  Mr Simplico was highly critical of Mr Cretella and his background experience. Mr Cretella decided to take a hands-on approach to the restaurant in order to learn the business. Mr Simplico was frustrated that the existing staff had to teach Mr Cretella.

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

Film company loses discrimination case after arguing ‘genuine occupational requirement’ for actress not to be pregnant

In Kinlay v Bronte Film and Television Ltd, an employment tribunal had to decide whether Ms Kinlay had been treated unfavourably by Bronte under the Equality Act 2010 because of her pregnancy when another actor was given the role after she advised Bronte 2 months prior to filming starting that she was 12 weeks pregnant.

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

How employers can navigate the potential issues of hybrid working

The shift to remote working during the pandemic was thrust upon employers and employees alike without much pre-planning but many people enjoyed this new way of working and now that things are returning to normal not everyone is keen to get back to the office.

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

legal challenges

Appeal allowed over an email covered by litigation privilege

In the case of Hart v The Abbeyfield (Maidenhead) Society, Mr Hart worked for a charity which operates care homes and care services. He was dismissed without notice for gross misconduct following an incident at work involving an altercation between him and a gardener, Mr Carrington.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 3 September 2021

Porsche salesman wins unfair dismissal claim after racist abuse

In the case of Rathod v Pendragon Sabre Limited, Shailesh Rathod, 49, was the only non-white salesman at the Porsche dealership. A Tribunal heard he was subjected to practical jokes and given racist nicknames. He became the target of racist jokes and was called ‘chapati’ and ‘poppadom’ by his colleagues.

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