An employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS Trust v Jackson, the employee was on maternity leave when redundancies were announced. She attended a consultation meeting and was put at risk of redundancy. Redeployment information was sent to her work email account which she was not accessing while on maternity leave. She found out about the email, contacted the employer and got the relevant redeployment forms anyway. In reality, she was not disadvantaged by the short delay but she was concerned by it.
An employee can be fairly dismissed for misconduct (rather than gross misconduct) if they already have a final written warning in place. In Beattie v Condorrat, the Employment Appeal Tribunal considered whether a final written warning could be valid if it was given without conducting a full investigation.
The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions. From 28 January 2019, an employer will be able to rely solely on the online checks, provided the prospective employee can use the service. For employees who are non-EEA residents but have biometric residence permits or cards, and EEA nationals who have been granted status under the EU Settlement Scheme, the online checks will be enough. No additional paper documents are needed. The employer needs to check that the online photograph matches the employee and should keep a copy of the online check for at least two years after employment ends. If the person is a student, the employer must also keep records of the course’s term and vacation dates.
In order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and confidence and create a constructive dismissal. In London Borough of Lambeth v Agoreyo, the Court of Appeal looked at the decision to suspend a teacher and whether it resulted in the employee being constructively dismissed.
In professional misconduct cases, a criminal investigation often sits alongside a disciplinary investigation. Employers do not want to wait for the outcome of the criminal case before concluding disciplinary proceedings, especially when the employee is suspended on full pay. The Court of Appeal looked at this issue in North West Anglia NHS Trust v Gregg, in a case involving a doctor.
Are you managing your millennials properly? Natalie Salunke, Head of Legal, Europe at Fleetcor, and a millennial herself, has written an article on this topic. ‘Millennial’ is a term used to describe the generation born between the early 1980s and the late 1990s. Whilst recognising that everyone is different, Ms Salunke offers her views on how to get the best out of millennials at work.
The Department for Business, Energy and Industrial Strategy has published new holiday pay guidance. The guidance was issued after a survey revealed an ‘alarming lack of awareness’ about holiday pay.
The survey showed that half of workers thought that those on zero hours contracts were not entitled to holiday pay. More than half thought they had to work three months before the right to holiday arose. The guidance aims to debunk those and other myths.
The worker status bubble has expanded recently and found its way into the public sector. In Braine v The National Gallery, an employment tribunal has held that art educators are workers when they are working on individual assignments.
The FCA has indicated that it intends to increase the limit of an award which can be made by the Financial Ombudsman Service under its compulsory jurisdiction scheme from £150,000 to £350,000.
We were surprised to come across a situation recently in which an asset financier (who we were not advising) sought to rely upon a declaration contained within its standard terms and conditions to the effect that the assets on finance had been delivered, were of satisfactory quality and were fit for their purpose.
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An employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS Trust v Jackson, the employee was on maternity leave when redundancies were announced. She attended a consultation meeting and was put at risk of redundancy. Redeployment information was sent to her work email account which she was not accessing while on maternity leave. She found out about the email, contacted the employer and got the relevant redeployment forms anyway. In reality, she was not disadvantaged by the short delay but she was concerned by it.