An employer’s ‘reasonable steps’ defence to a claim of racial harassment was dismissed by the Employment Appeal Tribunal. In spite of the fact that the culpable employee and three other employees who were aware of the harassment, which included two managers who failed to report the incidents to HR, had received equality and diversity training
Employers may find themselves at risk of being ordered to pay 100% of an employee’s salary as the Employment Tribunal has held that the absence of written confirmation of furlough arrangements could give rise to an unlawful deduction of wages claim. The Claimant had worked part-time in a café since 2003 and following the national
Employees are advised to think carefully about the wording used when writing a grievance to their employer, after the Employment Appeal Tribunal held that an employee’s allegations in her written grievance that the employer’s conduct “may amount to discrimination” would not constitute a protected act under the Equality Act 2010. The employee in question was
Car manufacturer Jaguar Land Rover dismissed one of its employees without following its own absence management procedures. That was the decision of the Employment Tribunal in a case involving Mr V Rumbold who had worked for the car manufacturer since February 1999. In 2018, Rumbold was diagnosed with avascular necrosis disease, which caused his hip
In an employment relationship, the identity of the employer is usually very clear; however, where an employee works for a group of companies, it can sometimes be trickier to identify which of the group companies is the true employer. This can sometimes cause issues, particularly from a tax perspective, when it comes to identifying where
As we enter Lockdown 3 and the closure of schools, there has been a lot of talk in the media about options that are available to parents who have childcare responsibilities including the possibility of furlough on either a full-time or flexible basis. The guidance on furlough confirms that employees can be furloughed for this
A woman who found offensive remarks about her in a WhatsApp group used by work colleagues was the victim of harassment due to her sex, race and religious belief. That was the decision of the Employment Tribunal in a case involving Ms Muna Abdi and Deltec International Courier Ltd. Ms Abdi, who is black of
P14 MEDICAL LIMITED v EDWARD MAHON [2020] The High Court has recently provided helpful guidance on post terminations and confidentiality restrictions in employment contracts in the case of P14 Medical Ltd v Edward Mahon. In this case an employer had sought to restrict a former employee with very extensive restrictions including a very wide definition
Are employers liable for their employees’ practical jokes if they go badly wrong? This was the question considered by the court in Chell v Tarmac Cement and Lime Ltd [2020] EWHC 2613. The background to the claim concerned the Claimant, Mr. Chell, one of a number of sub-contractors, and Mr. Health who was employed by the Respondent.
Bullying does not only occur in schools or online. It can happen anywhere, including in the workplace. According to the National Bullying Helpline, one in four employees have experienced bullying at work. Bullying can have a significant impact on an employee’s mental and physical health, as well as their confidence and performance at work. Unless