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dismissal

Director loses appeal against unfair dismissal after personality clash

In the case of Moore v Phoenix Product Development Ltd, Mr Moore was the inventor of a water-efficient toilet and the CEO of the company he founded for 16 years at which time he was replaced by Dylan Jones but remained an employee and director. He found it very hard to accept that he was no longer in charge of the company he considered to be his.

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

BA flight attendant denied flexible working request wins case

In the case of Daly v BA Cityflyer Ltd, Chloe Daly was a senior flight attendant with British Airways CityFlyer. Following the birth of her daughter, she put in a request for flexible working after being unable to find suitable childcare arrangements. This was made more challenging by the fact that her work rota was unpredictable and changed from week to week.

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

Judicial review asserts that fostering agency’s rules against “homosexual behaviour” is direct discrimination

In the case of R (Cornerstone Fostering) v Ofsted, an independent Evangelical Christian fostering agency which places children in need with foster carers, has been found to have breached unlawful direct sexual orientation discrimination legislation to require that people who want join a foster agency as carers refrain from "homosexual behaviour".

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

New tipping legislation requires all employers to pass on tips to workers without any deductions

The government has unveiled plans to overhaul tipping practices. Most hospitality workers – many of whom are earning the National Minimum Wage or National Living Wage – rely on tipping to top up their income. But research shows that many businesses that add a discretionary service charge onto customer’s bills are keeping part or all of these service charges, instead of passing them onto staff.

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

Government publishes consultation on making flexible working a day one right

Currently British law states that employees can only request to work flexibly after 26 weeks of employment and are limited to one request a year. The CIPD has been campaigning for employees to be given the right to request flexible working from day one.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 5 October 2021

Justice

Bank employee loses appeal over whether whistleblowing led to dismissal

In the case of Kong v Gulf International Bank (UK) Ltd, Ms L Kong was employed as Head of Financial Audit. A draft audit report prepared by her raised concerns that a legal agreement relating to a certain financial product did not provide sufficient protection against certain risks. It was accepted by her employer that her observations constituted whistleblowing disclosures.

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

Employer’s instruction to cover colleague’s holiday breached statutory right

In the recent case of Simoes v De Sede UK Ltd, the Employment Appeal Tribunal (EAT) confirmed that an employee can bring a claim for automatic unfair dismissal under s104 Employment Rights Act 1996 if they are instructed to infringe their statutory rights, even if the infringement has not actually occurred.

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

HR advisor wins discrimination claim after being sacked over chicken nuggets row

An employment tribunal heard how Steven Smith was left “shocked” and “disillusioned” at the size of the £1.99 portion he was handed at the Teleperformance office canteen. When he queried why others were getting four or five nuggets, he said he felt “antagonised” when he was told he could get three more for an extra 99p.

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

International NGO alleges Facebook is using discriminatory algorithms to promote job adverts

Global Witness has made a submission to the Equality and Human Rights Commission highlighting allegedly discriminatory algorithms used by Facebook in Great Britain to promote job adverts. Noting that the EHRC has a strategic aim relating to the application of equality law in untested or new areas, such as in respect of Artificial Intelligence (AI) or predictive technology, the NGO has requested the EHRC conduct an investigation under section 20 of the Equality Act 2010 into whether the advert targeting and delivery practices breach the EqA 2010.

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

Carers can self-certify that they have a medical exemption from COVID-19 vaccine

The Department of Health has issued guidance that carers can temporarily self-certify that they have a medical exemption and that they meet the criteria for not being able to have the COVID-19 vaccine. Exemptions include: terminal illness, a learning difficulty, autism or allergy to vaccine.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 28 September 2021