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Carer’s Leave Bill: one step away from becoming law

The Carer’s Leave Bill has successfully passed its third reading in the House of Lords, meaning it is now just one step away from receiving Royal Assent and becoming law.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 25 May 2023

IBM employee loses disability discrimination claim after asking for pay rise after being off sick for 5 years

In Ian Clifford v IBM United Kingdom Ltd the Claimant started work for Lotus Development UK Ltd in 2000. In 2001 he was TUPE transferred to the Respondent. In September 2008 the Claimant commenced sick leave. In 2013 a Compromise agreement was signed recording that he would be treated as an incentive employee (meaning that benefits would be assessed on the basis of “on target earnings” (“OTE”) and the figure, £72,037.44 a year, was agreed.

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

Charity house manager wins unfair dismissal claim after breaking company policy by administering medication

In Mrs Rebecca Tarlow v Jewish Blind and Physically DIsabled Society the respondent is a charity which provides independent living accommodation and support to Jewish adults who have a physical disability, or impaired vision, or both. It is not a care organisation and does not provide primary care to its tenants. In particular, it does not provide medication to its clients.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 19 May 2023

Appeal allowed against a finding that claimant did not contribute to his own dismissal

In the case of Topps Tiles Plc v Hardy the Claimant, who had worked for the Respondent since 2002, alleged unfair dismissal and disability discrimination arising from his dismissal as a store manager in November 2019. He claimed he had suffered from depression for a period of 20 years and that the Respondent was aware of this.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 18 May 2023

Government announces changes to regulations for recording working time

The Department for Business and Trade has announced it will scrap the EU’s Working Time Regulations 1998 (WTR). In a policy paper, entitled Smarter Regulation to Grow the UK Economy, the Department for Business and Trade outlined major reforms to WTR. Notably, the removal of a retained EU law that requires working hour records to be kept for almost all members of the workforce.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 17 May 2023

Council clerk loses disability discrimination claim after filing several official complaints about his own authority

In the case of Mr G Roberts v Penrhyndeudraeth Town Council Mr Roberts, who has been on sick leave since June 2022, was said to suffer from anxiety and depression, Tourette’s Syndrome, Obsessive Compulsive Disorder and “phobic states with intrusive thoughts”, and the council acknowledged his disability.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 16 May 2023