Maggie joined Bermans in 2005 as an Office Junior and is now a Litigation Assistant in our Creditor Services team.
Maggie started her career at Bermans as an Office Junior before becoming a Legal Secretary, a role in which she which she stayed in for many years. Maggie predominantly deals with prelegal correspondence and process driven claims and enforcement.
Bermans Jon Davage and Laura McMorland recently advised the management team at Clarion Wealth Planning Limited on its management ownership transaction.
A warehouse worker has lost his discrimination claim after complaining about his boss having the name ‘Willy’. In Aylmer v Dnata Catering, the Claimant objected to his boss, William McGinty, referring to himself as ‘Willy’. The Claimant asked his boss to avoid using the name because of its other common use as a slang term for penis. He said in an email to his boss: “If you don’t remove it and keep insisting on being called that – I consider it as sexual harassment.” When his complaints were not followed up, he claimed that he had been victimised on the basis that his initial complaints related to sexual harassment.
Contracts of employment often include a provision which states that employers are able to alter an employee’s powers and responsibilities. A recent High Court decision serves as a reminder that such clauses are not without limit, and must be exercised in such a way that trust and confidence in the employment relationship is not undermined.
Indirect discrimination occurs where an employer has a provision, criterion or practice (known as a ‘PCP’) which places people with a certain protected characteristic, and also places the person complaining, at a particular disadvantage when compared to people without that characteristic. An example might include a restrictive working pattern which women (who are acknowledged to statistically take the higher childcare burden) find more difficult to comply with than men. An employee impacted by this work pattern could allege indirect discrimination.
Most employers use standard contractual documentation which is issued to new recruits without much thought. A recent Court of Appeal decision, relating to a commercial contract, serves as a reminder that a lax approach to contractual wording can have big implications, and not just in a commercial context. It is just as important for contracts of employment and settlement agreements. Employers need to make sure they have covered exactly what they want to cover.