August 2011 Archives

A round-up of links to news items on employment tribunal rulings in the week beginning 22 August 2011, including an award of £21,000 for disability discrimination against a charity after it failed to change fluorescent lighting that triggered her migraine attacks.

Wrexham charity must pay £21,000 for disability discrimination of employee (on the Daily Post website) A charity must pay a former employee more than £21,000 after failing to change fluorescent lighting that triggered her migraine attacks.

We round up what caught Tribunal Watch's eye on Twitter in the last seven days, including reaction to an employment tribunal decision that a Polish employee who was given the nickname "Borat" was discriminated against because of his nationality.

• Borat racism case @TribunalWatch The Guardian's take http://ow.ly/6bpKV on the Borat racism case that we reported http://ow.ly/6bpPz
• Borat racism case @daniel_barnett Thanks to John Read of @TribunalWatch for breaking Borat story yesterday. I'm quoted on it in Daily Mail dailymail.co.uk/news/article-2...
• Religious discrimination consultation @daznewman Am I the only one to find the @EHRC consultation http://bit.ly/qmA1za completely incoherent?
• Religious discrimination consultation @xperthr Religious discrimination: is the EHRC's intervention at the human rights Court misjudged? bit.ly/nHNbgf
• XpertHR survey on bank holidays @xperthr Majority of employees granted a day off during extra bank holidays http://goo.gl/fb/lKGrN
• Maternity leave when having twins @HRdailyquestion Where an employee is expecting twins, will she be entitled to two lots of maternity leave? http://ow.ly/67iDu
• Televising court cases @TheEconomist Broadcasting bits of court cases might be a good idea http://econ.st/ppdnnL

You can follow Tribunal Watch on Twitter. Have we missed something interesting on Twitter? Tweet us or leave a comment.

Our round-up of employment tribunal claims on resignations and dismissals [subscription required] shows how careful employers have to be when there is any confusion or doubt over the manner of the termination of the employee's employment.

XpertHR's tribunal reporting service provides regular summaries (and, for subscribers, PDF judgments) of interesting tribunal decisions.

A round-up of links to news items on employment tribunal rulings in the week beginning 15 August 2011, including an employment tribunal decision that a midwife's views on bondage and "consensual slavery", which she wanted to highlight by wearing a silver collar at work as an emblem, are not a "philosophical belief".

Bondage belief not protected by discrimination legislation (on the Guardian website) An employment tribunal has found that a midwife's views on bondage and "consensual slavery", which she wanted to highlight by wearing a silver collar as an emblem, are not a "philosophical belief".

We round up what caught Tribunal Watch's eye on Twitter in the last seven days, this week including the short Equality and Human Rights Commission (EHRC) consultation on its submissions in four religious discrimination cases that are currently before the European Court of Human Rights (ECHR).

• EHRC consults on submissions in religion cases @HRlawyers EHRC consult on their intervention in Ladele, McFarlane, Eweida and Chaplin freedom of religion cases: equalityhumanrights.com/legal-and-poli...
• Is a penchant for bondage a belief under the Equality Act? @cbentleylarose Fascinating Equality case - should belief in Bondage / consensual slavery be protected under the Equality Act? http://t.co/J7OUJZR
• Pro-life beliefs at work @TribunalWatch Catholic nurses "use Equality Act to protect their pro-life beliefs" http://ow.ly/6398V
• Hosptial loses whistleblowing appeal @JudiciaryUK Employment Appeal Tribunal judgment: Royal Cornwall Hospitals NHS Trust v Watkinson (Victimisation Discrimination) http://t.co/fp6rPhC
• Age case in Northern Ireland @TribunalWatch NI dry cleaners ordered to pay £25K http://ow.ly/67ipA - including for age victimisation after ee won £6K last year http://ow.ly/67irf
• NHS discrimination against disabled man @TribunalWatch Northamptonshire NHS discriminated against disabled man http://ow.ly/65ask
• Hotel demoted pregnant manager @Joannehennessy Woman wins Scottish ET after demotion following pregnancy http://t.co/pPv7wWn

You can follow Tribunal Watch on Twitter. Have we missed something interesting on Twitter? Tweet us or leave a comment.

How would you feel if your boss told you that you were “too old for sex”? Unhappy, probably, unless you happened to agree. Mrs Young, a 43-year-old shop supervisor, was subject to this observation - and more - in one of the latest tribunal cases reported by XpertHR.

Mrs Young’s boss, Mrs Emerson, was 34 years old, but the rest of the staff were much younger than both women. Around a week after Mrs Young began work, Mrs Emerson starting showing how uncomfortable she was with Mrs Young and, specifically, her age. Comments made to Mrs Young included that she was “making allowances” and “exceptions” for Mrs Young’s age, and that she was “sick to fucking death” of her.

Mrs Emerson also told Mrs Young that she was “showing her age” after Mrs Young said that she’d been to a nightclub, and when shown some “rubbish” CDs that Mrs Young had brought in to work. She also told Mrs Young that she was “too old for sex”.

Mrs Young was eventually sacked on a false accusation of using the work computer for personal use, and claimed age discrimination against Mrs Emerson personally (the company having gone into administration).

An Indian husband and wife who became a couple while working at a law firm in Coventry are claiming at an employment tribunal that they were discriminated against because he is from a lower caste than her, reports The Times Law Section.

It is certainly a dramatic news story (The Times proclaims: "They fell in love across an ancient divide..."). The couple claim that some staff in the law firm who are from a higher caste mistreated them because they disapproved of their marriage. This treatment is alleged to have included: discouraging them from marrying; hurtful remarks when they married; and giving her more work and less support. The law firm involved has described the allegations as "outrageous".

A round-up of links to news items on employment tribunal rulings in the week beginning 8 August 2011, including an unsuccessful unfair dismissal claim from the former governor of the Tower of London.

Former Tower of London governor loses sacking claim (on the BBC website) The former governor of the Tower of London has lost his claim for unfair dismissal.

We round up what caught Tribunal Watch's eye on Twitter in the last seven days, this week concentrating on the employment implications of the civil unrest in England.

Issues include: difficulty in getting to work due to the disruption; employees' rights when their businesses are forced to close; time off for public duties for special constables; whether or not rioters' employers should dismiss them; and serious damage to the employment tribunal premises in Croydon.

• Riots: employment issues @xperthr Riots: employment issues arising from disruption http://ow.ly/5YExn
• BIS guidance @bisgovuk Latest information & guidance if your business has been affected by the England riots http://t.co/r7blW1H
• Help for businesses @bisgovuk Help for businesses affected by the recent disorder & looting - find out more following the PM's statement http://t.co/D9w6KsA
• Acas guidance @acasorguk Acas advice for employers and employees affected by riots http://t.co/iz73f3A
• Lewis Silkin guidance @TarunTawakley Lewis Silkin article on the employment implications of the riots lewissilkin.com/our_knowledge...
• Time off for public duties @david_jpalmer Govt urges businesses to support requests releasing e'ees to undertake Special Constable duties http://bit.ly/npJZ5c
• Paying staff @louisapeacock Businesses shut down by riots must pay staff, lawyers warn http://tgr.ph/pux5vl
• Dismissal for criminal actions @andrewb_as Should looters lose their jobs? See my article in The Scotsman today: http://t.co/2z5sGfG
• Damage to Croydon tribunal: update @daniel_barnett Croydon tribunal update: http://bit.ly/qLjvAk
• Damage to Croydon tribunal @anyapalmer So, Croydon ET got torched last night. Three rooms will need a complete re-fit. Could be some time before it re-opens...

You can follow Tribunal Watch on Twitter. Have we missed something interesting on Twitter? Tweet us or leave a comment.

Photo: George Rex

A round-up of links to news items on employment tribunal rulings in the week beginning 1 August 2011, including a scientist who worked on the Dolly the Sheep project who has lost an "absurd" bid to sue a lawyer who represented him in a race discrimination claim.

Race row scientist loses "absurd" case (on the Scotsman website) A scientist who worked on the Dolly the Sheep project has lost an "absurd" bid to sue a top lawyer for race discrimination.

We round up what caught Tribunal Watch's eye on Twitter in the last seven days, including news that permission has been refused for Haringey Council and the Government to challenge the Court of Appeal decision that Sharon Shoesmith was unlawfully dismissed.

• Permission to appeal to Supreme Court refused @HRBullets Sky reporting that DoE application to SC to hear appeal in Shoesmith case rejected
• Independent reports failed appeal application @DazNewman Sharon Shoesmith, Supreme Court refuses leave to appeal: http://ind.pn/qKOzvY
• Official confirmation from the Supreme Court @HRBullets and here's the official confirmation http://bit.ly/oeSQ0A
• How much will Shoesmith get? @daniel_barnett New blogpiece by me on @DaleandCompany: How much money should Sharon Shoesmith get? http://bit.ly/qBK1HA
• Statement from Ed Balls @TimGatt Full statement from ex-Education Sec Ed Balls on Supreme Court ruling about Sharon Shoesmith case http://bit.ly/p4u43h
• Supreme Court appeal in volunteer-status case @EmploymentBar I see X v Mid Sussex CAB has been given permission to appeal in the Supreme Court http://bit.ly/oeSQ0A
• Tower of London boss in tribunal claim @TribunalWatch Tower of London boss "fired for fighting cannabis and bullying culture" http://ow.ly/5SQMC

You can follow Tribunal Watch on Twitter. Have we missed something interesting on Twitter? Tweet us or leave a comment.

A devout Christian midwife who claimed that she should not be required wear scrub trousers in the operating theatre because the Bible forbids women from putting on men's clothes has lost her claim for religion or belief discrimination, reports the Daily Telegraph website.

Hannah Adewole claimed that, while she was banned from wearing a scrub dress in the operating theatre, Muslim midwives were allowed to wear their own hijabs and tops. The NHS trust argued that she was required to wear scrub trousers to prevent infections from spreading.

The Telegraph reports that the midwife's claim, which has echoes of Nadia Eweida's unsuccessful case, was rejected by the employment tribunal. It ruled that the strict uniform policy in force at the hospital did not disadvantage Christians and was "legitimate and proportionate for infection control".

Photo: Sean MacEntee

We round up what caught Tribunal Watch's eye on Twitter in the last seven days, including some strange cases like kitchen staff at a country house who were dismissed for "dunking" a chef on his last day in a sink filled with water.

• Woburn Abbey staff sacked over chef "dunking" @TribunalWatch "He had to duck as a cheesecake was propelled towards him." Kitchen staff dismissed over hijinks http://ow.ly/5MxMs
• Narcoleptic student brings disability claim @TribunalWatch Narcoleptic student takes £34,000 disability discrimination claim to Court of Appeal http://ow.ly/5QaFF
• £23,600 payout for Greggs manager accused of giving away scones @david_jpalmer Ex-bakery e'ee wins £23K for unf dism after allegedly giving away scones worth £1.50 http://fb.me/MkdQQm9L
• Sick policewoman appears on Total Wipeout @taruntawakley Policewoman sues force after being dismissed for appearing on Total Wipeout while on sick leave! http://www.telegraph.co.uk/culture/tvandradio/8665409/Policewoman-appeared-on-Total-Wipeout-while-on-sick-leave-from-force.html
• Sex injury worker sues employer @TribunalWatch Australian hurt on work trip when hotel light fitting fell on her head during sex - now seeks employer compensation http://ow.ly/5OpXA

You can follow Tribunal Watch on Twitter. Have we missed something interesting on Twitter? Tweet us or leave a comment.

Photo: jimbowen0306

A round-up of links to news items on employment tribunal rulings in the week beginning 25 July 2011, including a manager who was unfairly dismissed from her job at Greggs for allegedly giving a £1.50 packet of scones to a pensioner.

Greggs manager unfairly dismissed for giving away scone (on the BBC website) A manager who was unfairly dismissed from her job at Greggs for allegedly giving a £1.50 packet of scones to a pensioner has won a £23,600 payout.