Employment Law News

Christian wins case against employer over gay marriage remarks

“In Smith v Trafford Housing Trust, Mr Smith posted a link on his Facebook wall to a BBC news article entitled “Gay church marriages set to get the go-ahead” and commented that it was “an equality too far”. In response, his colleague posted a comment on his wall, “Does this mean you don’t approve?”. Mr Smith replied “no, not really, I don’t understand why people who have no faith and don’t believe in Christ would want to get hitched in church. The bible is quite specific that marriage is for men and women. If the state wants to offer civil marriage to same sex then that is up to the state; but the state shouldn’t impose its rules on places of faith and conscience”.

October 28, 2013 No Comments

Can you be fairly dismissed for theft when you have been acquitted in a criminal trial?

Yes, according to the Court of Appeal in Stuart v London City Airport. Mr Stuart worked at London City Airport until he was dismissed for attempting to steal goods from a duty free shop. He brought an unfair dismissal claim arguing that LCA had not carried out an adequate investigation, in particular that they had not reviewed the CCTV footage in response to the duty free shop manager’s accusation that he was concealing items under his coat.

October 28, 2013 No Comments

When can an employee refuse suitable alternative employment?

In Devon PCT v Readman, Mrs Readman was a community matron at Devon Primary Care Trust. Her role was focused on managing community and district nursing in a small community hospital which had only 12 beds.

October 24, 2013 No Comments

Are interns at commercial companies entitled to the minimum wage?

At the other end of the pay spectrum, Chris Jarvis, an intern at Sony, successfully negotiated a £4,600 settlement for unpaid wages during his three month internship. Mr Jarvis said that instead of shadowing a Sony employee, he was working as a tester for the games department and therefore was entitled to minimum wage.. Sony unsuccessfully asked Mr Jarvis to sign a gagging order.

October 23, 2013 No Comments

Can enhanced redundancy packages be implied into a contract of employment by custom and practice?

In Park Cakes Ltd v Shumba, four employees worked for a company within the Northern Foods Group until they TUPE transferred to the Vision Group. They were later made redundant and brought a claim for enhanced redundancy payments (equal to double the statutory package plus a lump sum payment of £600). They argued this on the basis that:

October 22, 2013 No Comments

Do mothers who have children through surrogates have a right to maternity leave?

The European Court of Justice has been asked to decide a mothers’ right to maternity leave if she has a baby through a surrogacy arrangement. Two cases have been referred to the ECJ and the Advocate Generals (advisers for the ECJ) have offered conflicting opinions. Such opinions are usually adopted as final judgments by the ECJ but in this scenario only one can be.

October 21, 2013 No Comments

UK launches legal challenge against cap on bankers’ bonuses

The UK has launched a legal challenge with the European Court of Justice against the new rules capping bankers’ bonuses to the equivalent of one year’s salary or two years with shareholders’ approval.

October 18, 2013 No Comments

Failure to provide an impartial grievance procedure = a constructive dismissal claim?

In Blackburn v Aldi Stores Ltd, the Employment Appeal Tribunal found that an employer’s failure to provide an impartial grievance procedure could breach the implied term of ‘trust and confidence’ and form the basis of a constructive dismissal claim.

October 18, 2013 No Comments

Tribunal finds unfair dismissal even though employee admits to gross misconduct

Mr Benali worked as a chef at a Kosher bakery. In 2007-08, he was absent from work for a year as a result of his disability. On his return to work, a dispute arose with his employers over reasonable adjustments to his duties and he issued disability discrimination proceedings which were later settled. However, the requests for adjustments continued and his employers’ attitude toward him ‘hardened’.

October 16, 2013 No Comments

Successful internal appeal cancelled out earlier allegation of indirect discrimination

Ms Little worked as a full time sales executive for Richmond Pharmacology. Richmond required all its sales executives to work full time to provide high customer service.

October 14, 2013 No Comments

Obesity is not a disability (well not for now at least)

Obesity does not, of itself, render someone disabled and trigger a duty to make reasonable adjustments on the part of an employer. However, if as a result of someone’s obesity there are substantial and long term effects on an employees’ ability to carry out normal day-to-day activities (such as lack of mobility) this could mean that an employee is deemed “disabled” pursuant to the Equality Act legislation.

October 12, 2013 No Comments

What happens when a disabled employee goes on sick leave a lot?

What is interesting about this case – HMRC v Whiteley – is not the judgement but the guidance given by the Employment Appeal Tribunal relating to disabled employees who exceed the number of days permitted under a sickness absence policy.

October 10, 2013 No Comments