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Driver unfairly dismissed for going to the pub while off sick

In the case of Kane v Debmat Surfacing Ltd, Colin Kane was employed as a driver at a surfacing company which did not have a dedicated HR department. Mr Kane has suffered from chronic obstructive pulmonary disease (COPD) for several years and had periods of absence due to ill-health.

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

dismissal

Sales manager wins tribunal case after being ‘gaslit’ by his boss

In the case of Weinreb v Online Travel Training Group, a  global e-learning platform for travel agents with approximately 12 employees, was found to be guilty of victimisation after penalising a sales manager who made a grievance.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 11 June 2021

ET rules that symptoms of menopause are a disability

In the case of Daley v Optiva, Mrs Daley is a 51 year old woman. In her disability impact statement, she says that she has been suffering with symptoms of menopause for over two years including hot flushes, night sweats, headaches, joint pain and tingling extremities. Mentally, she endured anxiety, panic attacks, disrupted sleep, memory lapses and difficulty concentrating. She had also been diagnosed with an overactive thyroid, but her symptoms apparently arose predominantly from the menopause.

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

Justice

Manager wins unfair dismissal case after ‘practical joke’ involving fake drugs

In the case of Buchholz v GEZE UK Limited, GEZE is a company which supplies products, systems and services related to door, window and safety technology. As part of a running joke with colleagues, Buchholz, a technical product manager, staged sherbet and straw on his desk to look like drugs and drug-taking paraphernalia.

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

Employment Tribunal rules on Tesco equal pay claim

The BBC reports that the European Court of Justice has ruled that an EU law could be relied on in making equal pay claims against the employer. Tesco found itself in the spotlight after about 6,000 current or former employees took their grievance to an employment tribunal in Watford.

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

legal challenges

‘Out of sight’ does not mean ‘out of mind’ when it comes to employer responsibilities regarding remote working health and safety

Employers will have to face new and emerging challenges around health and safety at work given that many employees have expressed a preference for continuing to work from home or for hybrid working. Certain industries like healthcare have industry specific guidelines but generally for employees in factories and offices working conditions have changed.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 4 June 2021

hr

Head of IT wins £500,000 after bumping head

In the case of Long v Elegant Resorts, Stephen Long has a history of work in the IT industry, both as an employee and running his own company. He obtained a job with Elegant Resorts as head of IT earning £50,000 gross per annum.

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

corporate

Employee wins appeal against unfair health and safety dismissal

In the case of Sinclair v Trackwork Limited, Sinclair was employed by Trackwork and tasked with implementing a new safety procedure. Trackwork did not inform its other employees about Sinclair’s mandate to do this, and they raised concerns about what he was trying to do. In particular, they complained about his ‘overcautious and somewhat zealous’ approach.

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