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Tribunal was wrong to conclude that a decision to dismiss an employee for posting a racist ‘joke’ on his employer’s intranet fell outside the band of reasonable responses
There are several different elements which make up the claim of unfair dismissal where an employee has been dismissed for misconduct: The employee must be eligible: they must be an employee and must have over 2 year’s continuity of service. The employer must be able...
Context is key – tribunal finds that claimant was unfairly dismissed for using racially offensive term during a training session
In the recent case of Borg-Neal v Lloyds Bank Plc, the claimant attended a training session on race discrimination awareness for line managers. He asked a question during the session about how to handle a situation where the ‘N-word’ was used. He did not say ‘the N...
Ahmed v Nat West
In the recent case of Ahmed v Nat West an employee who was sacked after running several business websites, including sex work websites, some of which he registered to the office where he worked for the respondent was found to have been unfairly dismissed. In a...
Maya Forstater awarded over £100,000 following remedy hearing in gender critical belief discrimination case
The landmark case of Forstater v CGD Europe Limited was notable as the first case in which the UK courts confirmed that gender critical views (the belief that sex is biological and immutable) can form a protected philosophical belief under Equality Act 2010. Ms...
Ofsted inspector who touched a pupil was unfairly dismissed
The Employment Appeal Tribunal has held, in the recent case of Hewston v Ofsted, that an experienced Ofsted inspector who was summarily dismissed after touching a pupil’s forehead and shoulder to remove rainwater, was unfairly dismissed. The conduct itself was...
Working in hot weather
The UK’s historically wet and cool climate means that businesses here are not used to having to worry about hot weather and its impact on employees and workers. However, times are changing. Global temperatures are rising and the UK has seen record temperatures and...
The Sunday scaries
A recent survey, by Currys revealed that over half of Brits suffer from pre-work anxiety, admitting to experiencing a phenomenon called the “Sunday Scaries”. The study features a list of 12 pre-work anxieties that workers go through. Top of the list of scaries was the...
An introduction to payment in lieu of notice
When an employee leaves employment then, unless they have been immediately dismissed for gross misconduct, their departure will be subject to a notice period. The notice period which applies is usually set out in the contract of employment. There will be a period of...
5 common myths about flexible working
The right to request flexible working has formed part of UK employment law since 1999 but the details of the statutory scheme covering this area often leave employers confused. Here we dispel 5 common myths about flexible working: Myth 1: Only those with children can...
Acas publishes updated guidance on sickness absence
As well as their toolkit with tips and resources, Acas have released new and updated guidance on sickness absence which covers: checking holiday entitlement and sick pay; fit notes and proof of sickness; time of for dependants/parents; returning to work after absence;...
Government announces flexible working changes
Some changes are being made to the legal rules on flexible working under the Employment Relations (Flexible Working) Act 2023. The Act is likely to come into force next year. The following changes are being made: Employees will now be able to make two flexible working...
What not to do if you are proposing to dismiss an employee
The Watford Employment Tribunal recently heard an unfair dismissal case, the facts of which provide some clear guidance to employers of what not to do when dismissing an employee. In Kleina v Polish Village Bread the claimant was employed by the respondent as...
No big bonfire for holiday regulations
The government is looking to harmonise EU and domestic regulations around the calculation of holiday pay and also to enable a process for paying rolled-up holiday pay, and employers need to be prepared for change.