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Hello!
Welcome to this months update.
I hope you have all been staying cool in the heatwave.
Things have also been hotting up in the tribunal, so before you jet off for a well-earned break this summer, make sure you read the judgement in DWP v Boyers. It is a discrimination case that reminds us that the dismissal procedure can be relevant when considering whether an employer can justify discrimination arising from disability. Our learning team has also developed a tried and tested tool for assessing what’s reasonable when it comes to adjustments and also how to make (and demonstrate!) good decisions.
We’ve also got all you need to know about the new decision on holiday entitlement for part-year workers, and an update on the well-publicised USDAW and Others v Tesco Stores Ltd case.
As always, there won’t be an update in August, so I’ll see you again in September if not before!
Stephen Foster
Things have also been hotting up in the tribunal, so before you jet off for a well-earned break this summer, make sure you read the judgement in DWP v Boyers. It is a discrimination case that reminds us that the dismissal procedure can be relevant when considering whether an employer can justify discrimination arising from disability. Our learning team has also developed a tried and tested tool for assessing what’s reasonable when it comes to adjustments and also how to make (and demonstrate!) good decisions.
We’ve also got all you need to know about the new decision on holiday entitlement for part-year workers, and an update on the well-publicised USDAW and Others v Tesco Stores Ltd case.
As always, there won’t be an update in August, so I’ll see you again in September if not before!
Stephen Foster
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New Case Law
Discrimination
The employee in this case was an administrator who was disabled due to recurrent migraines. She said colleagues were bullying her which exacerbated her condition. She asked for adjustments but requests were refused. Following a series of other events, she brought a claim for discrimination arising from disability. Click the link below for the full case.
Constructive Dismissal
In Singh v Metroline, the employee was due to attend a disciplinary hearing when he went off sick. The employer thought he was making it up despite him attending OH. They paid him SSP rather than full company sick pay with the aim of persuading him to return to work and attend a hearing. The employee resigned and claimed constructive dismissal. We've got the detail on the full case.
Restrictive Covenants
This case is a great reminder of how vital it is to take prompt when applying for an injunction in cases where restrictive covenants have been breached.
Suzanne Pipe, Employment Lawyer at Vista looks into the detail of the case and what it means for HR teams below.
Suzanne Pipe, Employment Lawyer at Vista looks into the detail of the case and what it means for HR teams below.
Unfair Dismissal - ACAS Uplifts
In Rentplus v Coulson, the EAT looked at whether an uplift of 25% could apply to a discriminatory dismissal that the employer had said was a redundancy dismissal.
The judgement in this case described the redundancy process as 'a total sham' - one not to miss!
The judgement in this case described the redundancy process as 'a total sham' - one not to miss!
Worker Status
This case involving a Dentist made its way to the EAT, where they looked at the worker status test.
It's a reminder for employers that the courts will scrutinise the reality of a relationship between two parties - and not to be overly reliant on the text of a contract if it doesn't reflect that reality.
It's a reminder for employers that the courts will scrutinise the reality of a relationship between two parties - and not to be overly reliant on the text of a contract if it doesn't reflect that reality.
Off the Record Conversations
In Swiss re Corporate Solutions v Sommer, the employee was a risk underwriter who was placed at risk of redundancy shortly after returning from maternity leave.
After a series of grievances and a low level data breach, she issued tribunal claims. Danielle Oliver, Employment Lawyer at Vista delves into the detail of the case below.
After a series of grievances and a low level data breach, she issued tribunal claims. Danielle Oliver, Employment Lawyer at Vista delves into the detail of the case below.
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Legal Updates
Holiday Entitlement for Part-year Workers
The Supreme Court has ruled that part year workers engaged on permanent contracts are entitled to the same holiday entitlement as a worker who works for the full year. This has significant implications for employers, our team have put together the need to know information and an action plan.
Backfilling Strike Action with Agency Workers
Employers can now use agency workers to backfill striking workers. What does this mean for employers? Here's an overview of what’s changed.
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In The News
3-Part Technique for Planning an Investigation
The next free workshop from our Learning team will be sharing our 3-part technique to help your managers plan their investigations like a pro.
Cited as a 'game-changer' by loads of HR folk, don't miss the action! Book your free spot below.
Cited as a 'game-changer' by loads of HR folk, don't miss the action! Book your free spot below.
Dignity at Work
Did you know that the incidence of ‘banter’ being cited in employment tribunal claims as a defence to discrimination claims has hit a record high?
If you don't already, it really is time to tackle that workplace culture. Our learning team look at how you can do that below.
If you don't already, it really is time to tackle that workplace culture. Our learning team look at how you can do that below.
Tesco v USDAW
In an update to a case we reported on earlier in the year, the Court of Appeal has overturned the High Court’s decision granting a permanent injunction preventing Tesco from using fire and rehire to remove a permanent contractual term of its distribution centre employees for retained pay. Here's the latest.
Did you know that the incidence of ‘banter’ being cited in employment tribunal claims as a defence to discrimination claims has increased by 45% in a year? Good teams will thrive on a joke or two, but offensive and potentially discriminatory comments can be masked as ‘banter’ and cause a lot of problems for employers.
In our Dignity at Work training, we refer to the Human Research Laboratories’ ‘Benign Violation Theory’ to demonstrate that it’s possible (and important!) to have fun at work without risking offence. We convey the theory through this simple equation:
Unexpected + Harmless = Funny!
We would love to speak to you if you think we could help you with Dignity at Work training, so please don’t hesitate to get in touch. For more information about the course, click here.
Claire Dickerson
Employee Relations Training Designer
Vista
In our Dignity at Work training, we refer to the Human Research Laboratories’ ‘Benign Violation Theory’ to demonstrate that it’s possible (and important!) to have fun at work without risking offence. We convey the theory through this simple equation:
Unexpected + Harmless = Funny!
We would love to speak to you if you think we could help you with Dignity at Work training, so please don’t hesitate to get in touch. For more information about the course, click here.
Claire Dickerson
Employee Relations Training Designer
Vista
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