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Legal Updates: Legal Updates 2021

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Forklift driver wins unfair dismissal claim after mistakenly breaking Covid rules

In the case of Lewis v The Benriach Distillery Company Limited, David Lewis was employed as a Fork Lift Truck Driver in the dry goods warehouse in Newbridge. He had continuous employment with the company between 5 January 1998 and 25 February 2021. At the beginning of February 2021 Mr Lewis’ son took a Covid test after suffering from a cough which Mr Lewis did not really believe. While his son was waiting for his test results Mr Lewis went to work as usual.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 2 December 2021

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Flexibility from employers is essential to keep unpaid carers in employment

Carers UK has published new research ‘Supporting carers at work: opportunity and imperative’ which showed that whilst some employers were more supportive of carers within their workplace, a significant proportion of carers were at risk of reducing their working hours or giving up work altogether if they did not get the right support measures in place.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 1 December 2021

New report shows that work has become more secure in the UK despite the pandemic

The latest report from the CIPD shows there has not been an increase in job insecurity and that most of those in the non-permanent category, which includes the self-employed, are choosing non permanent employment because it suits their lives or working preferences.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 30 November 2021

Bus driver unfairly dismissed for crashing bus into house

In the case of Robert Corrin v Department of Infrastructure a bus driver who was sacked after an accident that saw his runaway single-decker crash into a house in Onchan has been awarded £60,000 in compensation.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 29 November 2021

EY under pressure from employees after sexual harassment of colleague

The Financial Times and City AM have reported that Ernst Young, one of the big four accounting firms, is facing a backlash from staff after allowing a partner to retain his job after sexually harassing a junior female colleague on a company ski trip.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 26 November 2021

Employment Appeals Tribunal dismisses Council’s appeal against employee who was unfairly dismissed over comments made at rally

In the case of London Borough Of Hammersmith And Fulham v Keable an employee from the council’s Environmental Health Department was unfairly dismissed for serious misconduct arising out of comments he made in a conversation with another individual when they each attended different rallies outside Parliament.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 25 November 2021

Parents productivity drops if they feel ashamed over their parenting duties

A Durham University Business School study has found that parents who feel ashamed when something at work calls into question their parenting role, are less productive than those who do not feel ashamed. The research, by Dr Yingli Deng alongside colleagues from other universities around the world, looked to understand how parents perceive the balance between childcare and work responsibilities. They explored whether parents felt shame when others criticised their parenting at work and how this might then affect their work productivity.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 24 November 2021

What businesses can do to boost diversity and inclusion in the workplace

The President of the CBI (Confederation of British Industry) has said that increasing ethnic  representation is one of his key topics of focus. Diversity and Inclusion (D&I) has come to the fore during the pandemic as the pandemic has highlighted inequalities in the UK. 7 in 10 businesses want to increase D&I activities in the next 2-3 years.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 23 November 2021

14 year old waitress fired for being ‘too young’ wins discrimination case

In the case of Ms H Cassidy v The Daimler Foundation Ltd, Hazel Cassidy is a schoolgirl who was employed by The Daimler Foundation as a waitress on a part time basis. The Daimler Foundation is a charity. It operates an Equestrian Centre at which it has a café and restaurant.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 22 November 2021

AIG trainee wins victimisation case after claiming ‘unconscious bias’

In the case of Ms J Nyeko v AIG Asset Management (Europe) Limited, Ms Nyeko commenced employment with AIG on 30 July 2018, shortly after finishing university, as an Investments Apprentice/Investments Analyst. She was one of three graduates in the UK who joined AIG’s Investments team for a two-year Global Analysts Programme. Her line manager was Brenda Monaghan who set out her key requirements of Ms Nyeko, which included all work deadlines being met and not being late for meetings.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 19 November 2021