legal updates & movers & shakers | ISSUE 175


www.thehrdirector.com


LEGAL UPDATES from the


HRDIRECTOR Editorial Panellist,


Makbool Javaid, partner, Simons Muirhead & Burton. They comprise employment law and diversity briefings, both of which provide the latest legal information affecting business.


In IForce Ltd v Wood, W has osteoarthritis. She perceived that her symptoms worsened in cold and damp weather. IFL asked all its workers to move between work benches, including those by the loading doors. W refused as she believed this would require her to work in colder, damper conditions. However, IFL’s investigations showed that temperature and humidity levels were hardly any different throughout the warehouse and W was issued with a written warning. The EAT overturned an ET’s decision that the warning was unfavourable treatment arising in consequence of W’s disability. There had to be some connection between the refusal to work at benches near the loading doors and W's disability. But even though W believed her condition might worsen if she was required to work in colder and damper conditions, this was not what IFL was requiring her to do; the working conditions were not substantially different, so there was no connection between her refusal and her disability.


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In Rizvi v Capital Care Services (UK) Ltd, R was summarily dismissed f or allegedly instructing employees to falsify documents relating to recruiting and placing candidates for NHS roles. This came after R had disclosed information tending to show that a criminal offence had been or was being committed by superficially putting business through group companies and misleading HMRC and NHS Trusts. An ET found that no evidence of a fair reason for dismissal had been provided and the employer had failed to follow any fair procedure; therefore, R had been automatically unfairly dismissed for making disclosures in the public interest. Furthermore, R had been subjected to detriments for whistleblowing when the employer threatened to report her to newspapers, accused her of fraud, blocked access to her company email account, disconnected her mobile telephone and threatened to dismiss her. The ET awarded R £48,512 for unfair dismissal, and £8,700 for injury to feelings.


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In Grange v Abellio London Ltd, 20 minute rest breaks were not made available on 14 days in breach of Reg 12 of the Working Time Regulations 1998 (WTR). G suffered no financial loss, but the ET awarded him £750 because of the impact of not having breaks on his pre-existing medical condition, i.e. the failure to eat properly caused him discomfort and distress due to a colon ailment. The employer appealed arguing that the Court of Appeal in Santos Gomes v Higher Level Care had held that compensation for a breach of the WTR could not include injury to feelings which in turn barred personal injury awards. The EAT dismissed the appeal. The ‘distress’ G suffered was linked to his ‘discomfort’ resulting in physical anxiety overall. Therefore, the award was for personal injury, not injury to feelings, and Santos Gomes did not bar a personal injury award as the issue never arose in that case.


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MOVERS


This issue we report on some moving & shaking across a broad range of sectors.


&


MICK JOBLING HR Director - TClarke


TClarke has appointed Mick Jobling, who has led the Group’s Quality team, to a new role as HR Director, sitting on the Group Management Board. The appointment is TClarke’s first HR Director as the firm puts fresh energy and focus into sustaining the best career paths in the industry. Mick started at TClarke as a 16 year old on a four year apprenticeship and served as an electrician, becoming a charge hand, moving into the transport team, and working as a QA advisor.


SUSANA ESTEBAN HR Director - Mixer & Pack


Mixer & Pack, developer of perfumery and cosmetics for third-parties, has just appointed Susana Esteban, as its new HR Director, with the aim of strengthening the skills and qualifications of the team. The company has been established for 25 years and Susana’s objectives are to enhance the capabilities of the team to retain valued talent, and call on her extensive experience to provide strategic and long-term vision.


ALISON RUMSEY Chief HR Director - ABP


ABP announces that Alison Rumsey, currently Group HR Director at Network Rail Infrastructure Ltd, will be joining ABP later this year. Ms. Rumsey will become ABP’s Chief HR Officer, taking over responsibility for HR at the UK port operator. This latest appointment reflects ABP’s ongoing commitment to investing in people, developing talent and making sure ABP is a great place to work.


JOCHEN ECKHOLD Global HR Director - Hugo Boss


To see full updates, movers & shakers and much more, please visit our website www.thehrdirector.com


6 | thehrdirector | MAY 2019


Jochen Eckhold has been announced as the new Global HR Director at German fashion group Hugo Boss, taking over from Frederic Klumpp, who is retiring. Eckhold was most recently Global HR Director at coffee retailer Tchibo. Prior to that, he spent several years at Adidas, where he held senior positions including, VP of Global Retail HR.


SHAKERS


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