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Hello!
Welcome to this months update.
Whilst summer holiday's are a distant memory for many of us, this months InView has an important case on how holiday should be calculated. Sometimes confusing but always important to get right - that's one not to miss.
My colleague Chris MacNaughton is also looking at a whistleblowing case on how a dismissal can be fair potentially, even where someone has "blown the whistle".
As an extra bonus for September, we have also put together a guide for managing conflict in your workplace effectively and Yvonne and Stephanie have recorded some video advice to guide you through managing formal HR processes when there is, or may be, a mental health element involved.
I hope you find this months update useful, and we'll see you in October!
Stephen Foster
My colleague Chris MacNaughton is also looking at a whistleblowing case on how a dismissal can be fair potentially, even where someone has "blown the whistle".
As an extra bonus for September, we have also put together a guide for managing conflict in your workplace effectively and Yvonne and Stephanie have recorded some video advice to guide you through managing formal HR processes when there is, or may be, a mental health element involved.
I hope you find this months update useful, and we'll see you in October!
Stephen Foster
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New Case Law
Holiday Pay
In Harpur v Brazel Trust, the Supreme Court has looked at what happens with holiday pay when an employee is both part- time and only works at certain times of the year. Here's the latest.
Whistleblowing
In Kong v Gulf International Bank the employee brought claims for whistleblowing detriment, unfair dismissal, and automatic unfair dismissal. Our lawyers take a look at what we can learn from the case.
Age Discrimination
In Citibank v Kirk the employee brought an age discrimination claim against both the employer and the managers involved in the decision-making process. This case went all the way to the EAT, and shows that age discrim can still happen even if an age gap is narrow.
Unfair Dismissal
In Pubbi v Your-move.co.uk, the EAT examined the fairness of a dismissal in a case where there was no express term about such disclosures. We've got the detail, the decision and the outcome for you below.
Discrimination & Covid-19 Related Absence
We are seeing more Covid-19 related cases hitting the tribunal. This case looks at sex and disability discrimination claims, and again we are in the EAT. Read the latest below.
Recruitment
The Supreme Court has been dealing with a case where a Board member of two hospital trusts was found to be lying about qualifications and work experience on his CV. The CPS took action to recover his earnings, here's what you need to know about the case...
If there is one case you can read this month, make it Kong v Gulf International Bank. The laws on Whistleblowing offer legal protection for those who make protected disclosures in the public interest.
It is quite common that employees raise a mixed bag of potential disclosures, personal criticisms and behaviours that employers have often feared to address in the protections available.
What this case demonstrates is that employers still have the right to enforce conduct standards even in situations where the employee has made a protected disclosure. The key when making any decision to initiate disciplinary action against such employees will be to ensure independence at all stages to distance the disclosure from the considerations of the disciplinary chair regarding the employee's conduct.
These are also always cases that turn on their own facts so advice will be key.
Chris MacNaughton - Senior Lawyer & Head of IR Services - Vista
It is quite common that employees raise a mixed bag of potential disclosures, personal criticisms and behaviours that employers have often feared to address in the protections available.
What this case demonstrates is that employers still have the right to enforce conduct standards even in situations where the employee has made a protected disclosure. The key when making any decision to initiate disciplinary action against such employees will be to ensure independence at all stages to distance the disclosure from the considerations of the disciplinary chair regarding the employee's conduct.
These are also always cases that turn on their own facts so advice will be key.
Chris MacNaughton - Senior Lawyer & Head of IR Services - Vista
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Legal Updates
Maximum Workplace Temperatures
Britain basked in unusually hot weather this summer. As a result, the TUC and some MPs have called for a maximum workplace temperature to be introduced. As heatwaves become more common, the introduction of a max. workplace temperature is more likely than ever, here is the latest update.
Time Off for Neonatal Care
The government has backed a private member’s bill – the Neonatal Care (Leave and Pay) Bill – which will allow parents up to 12 weeks’ paid leave to spend time with their new baby. This would be in addition to existing maternity and paternity entitlement. Click read more for the full update.
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Extra Resources
Guide of the Month: Managing Conflict - A 4 Point Plan
Our learning team have been delivering plenty of training around dealing with conflict recently, and this short guide has gone down a storm.
Here’s our 4 point plan to help your team manage conflict in the workplace effectively.
Here’s our 4 point plan to help your team manage conflict in the workplace effectively.
Mental Health & Formal HR Processes
It can be quite a scary prospect having to work through a formal process with your employee, but more so when you are aware that there may be a mental health condition too.
We spent some time with Yvonne and Stephanie recently, talking through some of the top questions we are asked about managing mental health at work and specifically during a formal process.
We spent some time with Yvonne and Stephanie recently, talking through some of the top questions we are asked about managing mental health at work and specifically during a formal process.
Mock Investigation
Do the words ‘we’ll need you to do an investigation’ fill your managers with dread?
We're teaming up with our sister organisation, 10to3 Digital to deliver a new, and exciting digital workshop.
In this Mock Investigation we’ll be putting our tried and tested techniques for planning and conducting an investigation through their paces together. Book your free place below.
We're teaming up with our sister organisation, 10to3 Digital to deliver a new, and exciting digital workshop.
In this Mock Investigation we’ll be putting our tried and tested techniques for planning and conducting an investigation through their paces together. Book your free place below.
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