Heart operation results in unfair dismissal claim

A man from Staffordshire, who complained that he was dismissed while recovering from a heart operation, has lost the chance to pursue a disability discrimination claim. However, at a preliminary hearing at Birmingham Employment Tribunal he has been given the green light to claim for unfair dismissal. David Darby complained that after being put on … Read more

What is your Employment Status?

Those who work on a self-employed basis have significantly less protection than employees in the workplace. There is a growing trend within certain sectors to work on a freelance or self-employed basis and there are tax benefits in so doing.  The benefits, however, must be weighed against the loss of employment rights. A number of … Read more

Case Review: Lorry driver unfairly dismissed after Facebook comments

A Scottish timber building company has lost an unfair dismissal case brought by an employee who was sacked after making derogatory comments on Facebook. Niall Kass, a lorry driver for the company Gillies and Mackay Ltd in Pertshire, was stopped by the police in his company vehicle which had an expired MOT. He was served … Read more

Flexible Working Time

During 2011 there were some significant consultations within Government that were titled Modern Workplace consultations[1]. One of the points that was put forward in these consultations, and which has been taken up by the Government, is to bring in statutory requests for flexible working time in certain circumstances. The decision to bring this in was … Read more

Case Review: Lecturer brings age discrimination claim

An age discrimination claim has been launched against the University of Kent by a 60-year old lecturer, Mr Stephen Games. Mr Games is bringing a £750,000 age discrimination claim against the university on the basis that he was not afforded a full-time role in the university’s architecture department. Evidence was heard from Mr Games at … Read more

Case Review: Race discrimination employee was not victimised

The recent case of Burrell v Micheldever Tyre Services Limited[1] highlights that employers need to be careful before relocating staff who have made allegations, in this case allegations of race discrimination. Mr Burrell was employed at the Fareham branch of his employer as a Tyre Fitter.  He was the only black employee in that branch and … Read more

Shares for Rights

In George Osborne’s 2012 speech at the Tory party conference he put forward a shares for rights proposal where employee’s could give up employment rights such as unfair dismissal, statutory redundancy pay and flexible working time and in return they would gain shares in the company worth between £2,000 and £50,000. This was included with a … Read more

What Constitutes an Automatic Unfair Dismissal?

Within the Employment Rights Act 1996[1] and certain other pieces of legislation there are protections in place for employees greater than those afforded by a standard unfair dismissal claim.  If an employee is dismissed for one of these reasons laid out in statute and it can be proved that it was the reason or principal reason … Read more

Is Stammering Considered a Disability?

For a disability discrimination claim at an Employment tribunal to be successful it needs to pass the test as laid out by the Equality Act 2010. Broadly speaking this means that stammering is a disability if it has a substantial adverse effect on the ability to carry out normal day-to-day activities such as having a … Read more