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Firefighter given £12,000 pay-out despite unfair dismissal claim being dismissed

In the case of Staines v North Yorkshire Fire and Rescue Service a North Yorkshire firefighter, Philip Staines, was sacked for calling a short, homosexual colleague "half a man". However, Staines has been awarded more than £12,000 because of the way his employer dismissed him without notice in 2020.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 19 April 2021

Is Your Diversity and Equality Training Good Enough?

When an employee commits an act of discrimination, the individual’s employer is vicariously liable to the victim for that employee’s conduct, unless the employer can establish the “statutory defence”. To establish this defence, the employer must be able to demonstrate that it took “all reasonable steps” to prevent the perpetrator from doing “that thing”

Article by: Charles Wynn-Evans & Emma Byford - Dechert Llp 19 April 2021

What are the COVID-19 statutory regulations in force until the end of June 2021?

Free test kits – in the next major push for the Government’s workplace testing programme, all employers will now be able to offer their employees free and regular testing that can be taken at home. Rapid home testing is available for all businesses with over 10 employees who cannot offer on-site testing. Businesses must register interest by 12 April to access the free tests.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 16 April 2021

Judge decides to end claimant’s claim

In the case of Nancy Mukoro v Independent Workers' Union Judge Snelson brought the claimant’s case to an end after she failed to turn up to a hearing because she had a painful tooth abscess and was in the dentist’s chair. The case had already gone on for some time and had caused the claimant serious anxiety, depression and panic attacks. The Judge felt that it would be better all round to end the case but the claimant disagreed and appealed the Judge’s decision and won.

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

Workplace policies on PPE tops agendas following landmark ruling

A Tribunal hearing that ruled an employee was fairly dismissed for refusing to wear a face mask at work, highlights the importance of employers carefully considering and clearly communicating the rules on wearing PPE in the workplace, Faye Reynolds, employment lawyer at law firm Lodders has warned.

Article by: Faye Reynolds, Employment Law - Lodders Solicitors 14 April 2021


What employment law changes will come into effect in April?

Statutory family-related pay and statutory sick pay will increase - the weekly rate of statutory maternity, paternity, adoption, shared parental and parental bereavement pay increases to £151.97. The weekly rate of statutory sick pay increases to £96.35 from 6 April 2021.

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

Working “from” home or working “at” home: What is your team doing?

Work from home and work at home are used interchangeably. However, with the new remote work laws and Acts in place across the globe, the mistake of using them interchangeably may cost you an expensive lawsuit and compliance challenges.

Article by: Bhagyashree Pancholy and Denis Barnard - All Remotely 13 April 2021


Asda equal pay case: Court of Appeal decision

The Supreme Court has upheld the Court of Appeal's decision that a predominantly female group of supermarket retail employees can compare themselves with a mainly male group of distribution depot employees for the purposes of an equal pay claim in Asda Stores Ltd v Brierley and others.

Article by: Nicola Ihnatowicz, Employment partner -Trowers & Hamlins LLP 12 April 2021

Muslim nuclear engineer wins discrimination claim

In the case of Master v Springfields Fuels Mo Master was falsely accused by his colleagues of having extremist Islamic views. Mr Master had been employed in the workshop of Springfield Fuels in Preston, Lancashire, which produces fuel for nuclear power plants.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 12 April 2021

Appeal allowed in respect of protected disclosure detriment claim

n the case of Roseberry Care Centres v Jackson the Claimant was dismissed by the Respondent and brought various claims. The ET upheld complaints of detriment done on the ground that the Claimant had made protected disclosures, wrongful dismissal and unfair dismissal, but it rejected a complaint that the dismissal was for the reason, or principal reason, that the Claimant had made protected disclosures.

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