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Is Coronavirus a reason not to come to work?

In the case of Mr D Rodgers v Leeds Laser Cutting Mr Rodgers worked in a large warehouse with around 5 other people. He has a child with a chronic condition and said that he did not feel safe coming into work during the first national lockdown because of his fears of catching COVID-19.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 9 April 2021

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Appeal dismissed for backdated holiday pay

In the case of Mr G Smith v Pimlico Plumbers, Gary Smith, an engineer who claimed he was owed holiday pay by Pimlico Plumbers, after the Supreme Court ruled that he was a worker and not self-employed, has been unsuccessful in his latest claim for backdated payments.

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

Muslim banker unfairly dismissed after sending emails on Christmas Day

In the case of Mr J Choudhury v Gatehouse Bank  Joynal Choudhury, head of real estate at Gatehouse, sued the bank for unfair dismissal after he was made redundant in a company restructuring in August 2019.

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

Security manager with kidney cancer told not ‘to be a baby’

In the case of Mr S Pointon v Alpha Omega Securities Steve Pointon, who was 36 when he was first diagnosed with kidney cancer, is now in line for compensation after being told to ‘grow up’ and asked why he thought he deserved to have ‘every weekend off’.

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

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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

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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

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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