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Court of Appeal rules that employers can take action against striking employees short of dismissal

The Court of Appeal has ruled that workers taking part in any kind of industrial action are not protected from detriments other than dismissal. Under section 146 of the Trade Union and Labour Relations (Consolidation) Act (TULRCA), workers have the right not to be subjected to a detriment for taking part in trade union activities at an appropriate time.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 6 April 2022

EAT rules that media should have ET documents

As reported in The Guardian it has been ruled that journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, after a successful legal challenge by the Guardian. In a significant victory for open justice, the employment appeal tribunal threw out a ruling from a lower court that the costs of transparency would be too burdensome, and instead ordered that the Guardian should be provided with documents it had requested.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 4 April 2022

Police officer wins appeal claiming victimisation after job application rejected

In the case of Warburton v Chief Constable of Northamptonshire Police Mr Warburton applied to work with Northamptonshire police and in his application referred to an ongoing claim he had against another constabulary alleging discrimination. It was accepted that his other claim amounted to a protected act. He also mentioned various other matters, such as an incident of inappropriate behaviour at a social event and an allegation of racial abuse of a colleague, which he said was untrue.

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

Non-compete clause for lawyer upheld by Court

In the case of Law by Design Limited v Saira Ali the High Court has upheld a 12-month non-compete clause imposed by a niche employment practice on a director joining national law firm Weightmans. Saira Ali was an experienced employment lawyer who worked for Law by Design Limited which was a niche practice based in Manchester; in the main, it provided advice to clients within the healthcare services sector, particularly specific NHS entities in the Northwest of England and one in Hertfordshire.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 30 March 2022

What are the consequences if P&O’s brutal mass sackings were illegal?

On Thursday morning, news broke that P&O Ferries (P&O) had taken the decision to terminate the employment of 800 staff members with immediate effect. While the story has already attracted national media attention, it is important to understand the potential legal implications behind the decision, which has attracted heavy criticism.

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

Ex-production manager loses race discrimination claim against BBC

In Ms M Keswani v British Broadcasting Corporation a former TV producer has lost her racism case against the BBC after claiming a panel ‘laughed’ at her Indian accent during an interview. Malika Keswani claimed that two out of three women on the all-white panel “grinned” when she answered questions during an interview for a job as a production manager at BBC Sport in Salford, Greater Manchester. Although she described her accent as “soft,” Ms Keswani told the London tribunal court that she could “feel it was my accent they were laughing at.”

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

Railwayman wins unfair dismissal claim after being sacked for failing to provide urine sample

In the case of Mr Lewis Smith v Network Rail Infrastructure Ltd Mr Smith suffered from 'shy bladder syndrome' which left him too nervous to go to the loo when Network Rail called him in for a random check. He told a tribunal that he said he wasn't trying to dodge it and even offered to carry out a blood test - but still he was fired for refusing to take part.

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

Trade unions look set to launch legal claims over P&O mass redundancies

Nautilus International has issued a letter to P&O Ferries, informing management that the Union is now in a formal dispute with the company. The letter states: “Further to the announcement of about 800 'redundancies' made yesterday morning (17 March 2022), Nautilus International now considers itself in dispute with P&O Ferries.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 24 March 2022