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Government publishes guidance on employment status for HR advisers and to help individuals and businesses understand which employment rights apply to them

Businesses and workers, particularly those in the gig economy, will benefit from greater clarity over their employment status, thanks to new guidance published by the government which brings together employment status case law into one place for businesses and individuals to access.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 3 August 2022

Support worker loses racial discrimination claim after director jokes that an African child ‘probably eats [rats] back home’

In the case of Ms M Acheampong v Supporting Young Futures Limited Ms Acheampong was a support worker for a private limited company which provides housing and outreach support to young people referred to it by the London Boroughs of Waltham Forest, Islington, Reading, Newham, Lewisham, Greenwich and Havering. Some of those young people are asylum seekers from a range of backgrounds. Peter Brown is the Director and principal shareholder.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 3 August 2022

Court of Appeal overrules “fire and re-hire” injunction against Tesco

In USDAW and others v Tesco Stores Ltd the Court of Appeal overturned an injunction that had prevented a supermarket from using fire-and-rehire to withdraw a collectively agreed contractual benefit that it had previously described as "permanent" and "guaranteed for life".

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 2 August 2022

Transgender NHS worker wins gender reassignment discrimination claim after ‘concern’ among staff that the woman was ‘naked from the waist down’ in the changing room

In the case of V v Sheffield Teaching Hospitals NHS Foundation Trust and others the Claimant is a transgender woman. She has a law degree, obtained as a mature student. The Claimant’s identity cannot be revealed for legal reasons. The Claimant applied for a full-time role as a Catering Assistant at the Northern General Hospital.

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

Landmark Supreme Court decision rules holiday pay for part-year workers should not be pro-rated

The UK Supreme Court earlier this week sided with the Court of Appeal in the case of a school music teacher engaged on a zero-hours contract providing lessons during term times. The ruling has implications for holiday leave and pay calculations for contingent work arrangements, employment businesses and others that employ workers on permanent contracts who work part of the year.

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

Government backs laws providing additional paid leave to parents whose babies require neonatal care after birth

Thousands of parents whose babies require specialist care after birth will be able to take additional paid time off work, under new legislation backed by the government. A baby who is born prematurely or sick will receive neonatal care in hospital or another agreed care setting – often for a prolonged period of time. This can put parents in a difficult position of having to use their existing leave entitlements to be by their baby’s side, or worse, having to return to work while their baby is still receiving hospital care.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 28 July 2022

M&S worker wins unfair dismissal case after confrontation with customer over wearing a face mask

In the case of Mrs D Daisy v Marks and Spencer Plc a Leeds tribunal was told Mrs Daisy went off work due to 'high levels' of anxiety and 'severe' depression in January 2021 after she confronted a shopper who refused to wear a mask. Deborah Daisy was verbally abused by the 'aggressive' man while working for the retail giant in November 2020, an employment tribunal heard.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 27 July 2022

ET rules that ethical veganism is not a protected belief where it involves breaking the law

In Ms S Free Miles v The Royal Veterinary College Shakira Free Miles is a veterinary nurse. She believes that animals’ lives have innate value and that humans should not eat, wear, use for sport, experiment on or profit from animals and that humans have a moral obligation to take positive action to prevent or reduce the suffering of animals. She said in evidence that that included trespass on private property to expose the suffering of animals and the removal of suffering animals. She said that she supported disobeying unjust laws if it was done to expose the suffering of animals. She calls that belief “ethical veganism”.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 26 July 2022

Asian Professor wins racial discrimination case against NHS Trust

In the case of Professor Tanweer Ahmed v United Lincolnshire Hospitals NHS Trust Prof Ahmed joined ULHT in 2003 as director of Lincoln Clinical Research Facility, director of research innovation, and was also chair of the BAME staff network.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 25 July 2022

What are an employer’s obligations in a heatwave?

The law does not state a minimum or maximum temperature. A meaningful maximum figure cannot be given due to the high temperatures found in, for example, glass works or foundries. In such environments it is still possible to work safely provided appropriate controls are present.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 22 July 2022