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New ACAS Guidance on “Whistleblowing at work”

ACAS have recently published new guidance for employers and employees on speaking up at work. “Whistleblowing in the workplace” is an easy to understand and digestible read and covers:

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 29 June 2023

Working Time Regulations changes

The Working Time Regulations 1998 (WTR) were originally introduced to enshrine the EU Working Time Directive (WTD) into our domestic law, as was a requirement of our EU membership at the time. As well as setting out the statutory rules on maximum weekly working hours, rest breaks, rest periods and minimum paid holiday, the WTR require all employers to keep and maintain written records that adequately show their compliance with the WTR provisions.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 28 June 2023

Are WhatsApp messages on a work laptop private?

With the seemingly ever-increasing use of social media, many employers might find themselves wondering about the status of private messages when a workplace dispute arises. A recent High Court case, FKJ v. RVT and others, looked at this issue and suggests the use of caution.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 27 June 2023

Court of Session rules that original grievance report was not subject to legal advice privilege

In the appeal case of University Of Dundee v Mr Prasun Chakraborty the respondent was a Post-Doctoral Research Assistant with the appellants. On 30 November 2021, he raised a grievance alleging racial abuse, harassment, bullying and discrimination by his line manager. The appellants appointed an independent member of academic staff to investigate and produce a report.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 26 June 2023

Employment Tribunal finds that sales assistant was victim of sexual harassment by colleague and harassment related to sex by appeal hearing investigator

In the case of Ms D v E Ltd, Mr F and Ms G the claimant was a young woman aged 19 employed by the first respondent (E Ltd) as a sales assistant. The second respondent, Mr F, has been employed by E Ltd as a sales assistant since 2014. Mr F is a man who was in his early 40s at the relevant time.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 23 June 2023

Charity worker wins unfair dismissal claim after being told by her manager that she had ‘gone above her station’ by filling in HR payroll form

In the case of Ms G Howson v Restore (Cumbria) the respondent is a registered charity which sells recycled pre-owned items in its shops in the Carlisle and Penrith areas. The claimant started working with the respondent on 21st June 2021. She was contracted to work 30 hours per week at £8.91 per hour. However, the claimant worked at least 35 hours per week from 25th June 2021 onwards but was paid for only 30 hours throughout her employment.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 22 June 2023

Absence/Discrimination: ACAS publishes advice on absence trigger points

ACAS has published advice on absence review points. Some organisations have absence policies that set automatic triggers to review absence. They're sometimes called 'trigger points' or 'review points'. There are no legal rules about how or when absence should be reviewed. It depends on what works for an organisation.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 21 June 2023

Justice

Lorry driver loses unfair dismissal claim after live streaming offensive song about Michaela McAreavey who was murdered on honeymoon

In the case of Andrew McDade v Norman Emerson Group Limited the respondent is a family-owned business which has operated for over 75 years in mid-Ulster. It provides sand, stone and other building materials to a wide range of customers across the island of Ireland, including the GAA, building contractors and members of the public. It employs a mixed workforce.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 20 June 2023