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A female employee in Northern Ireland who had suffered two miscarriages and claimed that she had been sacked because of the corresponding time off work, has been awarded more than £12,500 by an Employment Tribunal. Linzi Close brought a claim against Belfast Audi Limited on the grounds that it had discriminated against her when it … Read more
A former school technician who was subjected to sexual harassment and bullying has been awarded more than £100,000 by an employment tribunal. Margaret Malcolm, age 46, had complained that male colleagues at Baldragon Academy had scribbled male genitalia on drawings she had done for her Brownie pack, stuck models of a penis to her telephone … Read more
According to a study by the TUC for the year 2011/2012, less than 1% of fathers take advantage of additional paternity leave up to a total of 26 weeks. The study found that just 1,650 out of 285,000 men took the extra paternity leave. The additional paternity leave is paid at the statutory rate of … Read more
The catering manager of a prison in Swansea, who suffered serious back injuries after a workplace injury, has failed in her damages claim against the Ministry of Justice. The injury involved a heavy food sack being dropped on her spine by an inmate who was working in the jail’s kitchen. Susan Cox had worked at … Read more
Stella English, winner of the BBC Apprentice reality television show in 2010, has lost her claim of constructive dismissal against Lord Alan Sugar. Ms English, 34, described her £100,000 employment contract as a “sham” and that her position was more of an “overpaid lackey” than a high-profile apprentice. She argued that she was forced to … Read more
Tom Street & Co were recently instructed to assist a young man in connection with an unfair dismissal claim he wished to advance against his former employers. His employers were a high street retailer. He was dismissed for gross misconduct in connection with the alleged theft of extremely low-value items in this case, confectionery items. … Read more
An employment tribunal found in favour of a race discrimination claim from a long-standing council employee that Camden Town Hall had routinely hired staff based on the colour of their skin. The interesting case of Fraser Valdez has been called “obviously worrying” by the council and promises to review hiring procedures. The discrimination claim was … Read more
When everyone least expected it, 2012 became a dizzyingly busy year for employment legislation. There were periods over the last twelve months where at every turn there was a new government proposal, consultation process or amendment to employment legislation. The Department for Business, Innovation and Skills, headed up by Vince Cable, Liberal Democrat Business Secretary, … Read more
In a recent test case the Court of Appeal was asked whether the European Convention of Human Rights’ proportionality test applied to cases of Unfair Dismissal (Turner v East Midlands Trains Limited). A female train conductor with 12 years’ service was accused of fraud, and her claim for unfair dismissal was rejected by an Employment … Read more
Restrictive covenants need to be “reasonable” in order for them to be enforceable. However, it is less well-known that this test for reasonableness must be assessed at the time of the contract, rather than the time that the employer is seeking to enforce them. A contract might have been signed and entered into years before … Read more