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legal challenges

Consultant surgeon brought claims against Dorset County Hospital NHS Foundation Trust

In the case of BMI Healthcare Ltd v Shoukrey the Claimant worked for the Respondent as a consultant in private practice. He alleged that he suffered detriments, having made various protected disclosures, and he succeeded before the ET in respect of some of the claimed detriments.

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

Supreme court rules against Asda in workers’ equal pay case

The Guardian reports that Asda shop workers have won the latest stage in their fight for equal pay in a ruling that could lead to a £500m compensation claim. More than 44,000 shop workers say they should be paid the same as the predominantly male staff who work in the chain’s depots, and who receive a higher wage of £1.50-£3 an hour more than the shop workers.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 1 April 2021

dismissal

A right to make change did not mean it was not substantial or a detriment

In the case of Lewis v Dow Silicones, Mr Lewis worked at the Combined Heat and Power Plant in Barry in South Wales as one of ten operations technicians. He started in June 1999. Initially he was employed by Npower. The Respondent, Dow Silicones UK Ltd, bought the plant in 2013 but the staff were outsourced to Engie Renewals Ltd, who became Mr Lewis’s employer. In 2017 Dow decided to “insource” the staff; this involved them transferring from Engie to Dow under the Transfer of Undertakings (Protection of Employment).

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 31 March 2021

Junior Solicitor Struck Off for Losing Documents Secures Re-Hearing

Claire Matthews, a junior solicitor who was struck off after losing a briefcase containing legal documents on a train, lost her licence to practise law in 2020 but will now have her case heard by a new panel of the SDT, according to her solicitors Leigh Day in an announcement on Monday.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 30 March 2021

Loughborough University warden dismissed for ‘aggressive’ texts wins award

In the case of Mr B Sobnack v Loughborough University a Physics lecturer has been awarded £15,000 for unfair dismissal. Dr Binoy Sobnack started work at Loughborough University as a physics lecturer in 1999, and in 2002 took up an ancillary role as a warden of a students’ halls of residence. It was in this ancillary role that two colleagues raised complaints against Sobnack for his manner of communication.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 29 March 2021

centre

Mitigation of loss in employment claims

A recent Employment Appeal Tribunal decision which provides a useful reminder of the need for employers to consider mitigation of loss at an early stage when preparing for employment tribunal and other claims.

Article by: Charles Wynn-Evans and Emma Byford - Dechert LLP 27 March 2021

Unlawful deductions from claimant’s wages appeal

In the case of Markazi Jamiat Ahl-e-Hadith v Ehsan an appeal against the ET’s decision that unlawful deductions from the Claimant’s wages had been made by the Respondent was allowed.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 26 March 2021

Woman wins sex discrimination case against French bank BNP Paribas

In the case of Stacey Macken v BNP Paribas London Branch Stacey Macken took the bank to tribunal in 2019, claiming she was paid significantly less than her male counterpart with the same job title.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 25 March 2021

Justice

Appeal allowed for claimant with dyspraxia

In the case of Mallon v AECOM Ltd an appeal was allowed against the ET’s decision striking out the Claimant’s claim of disability discrimination on the ground that it had no reasonable prospect of success.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 24 March 2021

Overweight police officer wins harassment claim

In the case of Ms K Moth v The Chief Constable of Devon and Cornwall, Barnstaple-based Detective Constable Kerry Moth, who has fibromyalgia - was told by her boss that she would earn the respect of her colleagues if she tried to lose some weight, that she needed to "take more responsibility over her diet" and that "she might feel better if she stopped drinking gallons of Coke".

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 23 March 2021