Employment Issues | Middletons Solicitors

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Sacked employees win race claim against care home

20th August 2014 | Employment Issues

A care home has lost its appeal against a race discrimination claim made by two of its dismissed employees. The case involved a number of staff including an African care worker, an Asian deputy manager and a senior manager, who was white. The dismissals followed the inappropriate administration of medication to a patient in the care home. The home’s regulations stated that a supervisory document had to be signed by a doctor before a patient’s medication was changed, and had to be...

PA unfairly dismissed after affair with her boss was discovered

9th July 2014 | Employment Issues

A personal assistant who was sacked after her affair with her boss was discovered has won her claim of unfair dismissal. The PA lost her job after the affair was discovered by the boss’s wife. The PA, who cannot be named for legal reasons, had been in a relationship with her boss who was chief executive of the company. During the relationship he had moved her into a flat in London’s fashionable Belsize Park, bought her a car and taken her on expensive holidays to Australia, Cuba and...

Man compensated for dismissal following homophobic abuse

17th June 2014 | Employment Issues

Dismissal Case Compensated Following Homophobic Abuse | Middletons A man has been awarded £45,000 compensation after claiming he had been unfairly dismissed for confronting a colleague who had repeatedly subjected him to homophobic abuse. Martin Sheil was an employee of Stena Line Irish Sea Ferries Ltd in Belfast. He was dismissed after an incident involving him and a colleague, who had allegedly made derogatory remarks about his sexuality. A tribunal ruled that the dismissal had...

Several employment law changes now coming into force

26th May 2014 | Employment Issues

Several new employment regulations affecting businesses and their employees have come into force in April and May. This is a brief summary of the main points: ACAS and Tribunal claims Employees wishing to bring claims before the Employment Tribunal must first contact ACAS, which will offer a conciliation service. The measure, effective from 6 May, is designed to help the claimants and employers reach an agreement without having to go to a tribunal. Penalties for...

Should I Expect Equal Pay From My Employer?

23rd May 2014 | Employment Issues

When you work for an employer you would expect that someone who is doing the same job as you would be paid the same. However, sometimes that is not the case. Recently, 18 men won an equal pay case against their employer, the University of Wales Trinity Saint David. They based their case around the fact that their employer was discriminating against them on the grounds of their gender. So what should you expect from your employer with regards to equal pay? As an employee, you should be paid...

Updates to TUPE regulations come into force

24th March 2014 | Employment Issues

Changes To TUPE Regulations Protecting Interests Of Employees Come Into Force | Middletons Changes to the TUPE regulations, which protect the interests of employees when a business is transferred to a new owner, have now come into effect. The changes mean that employers can now renegotiate terms and conditions with their staff one year after they have taken control of a company, provided that the overall offer is no less favourable than the existing one. Buyers can also begin...

Banker who complained about pay wins unfair dismissal claim

17th February 2014 | Employment Issues

A banker who was made redundant following complaints that he wasn’t being paid enough has won his claim of unfair dismissal. Benjamin Price said that he had “signed his own death warrant” because he was “not prepared to put up and shut up”. The case centred on an unwritten agreement that Mr Price had with his employers. He had been employed by Morgan Stanley for 14 years, and was on a salary of £533,000. He was headhunted by rival firm Citibank in 2010, who offered him an...

Firm makes employee spend 12 months on garden leave

13th December 2013 | Employment Issues

An investment company has upheld its legal right to make an employee spend 12 months on garden leave before taking up a post with a rival firm. The issue arose when the employee said he was resigning after working for the company as an investment adviser for 14 years. During that time, he had built up a list of valuable contacts. The company feared that he would take those contacts to one of its competitors and invoked a clause in his contract preventing him taking up a new post with...

Dental practice manager wins constructive dismissal claim

9th December 2013 | Employment Issues

The manager of a dental practice has won her claim for constructive dismissal after a tribunal found that she had not been given suitable training and support by her employers. The issue arose when the manager was accused of failing to record sick days taken by a member of staff. She was suspended pending a disciplinary hearing. She wanted one of the dentists to accompany her to the hearing but the employers refused because it was felt the dentist would support her rather than the...

Overtime payments ‘should count towards holiday pay’

23rd September 2013 | Employment Issues

An employment tribunal has held that overtime payments should count when calculating holiday pay as long as the extra hours are “intrinsically linked” to the employee’s overall work and duties. The judgment brings the UK closer to EU law in relation to the Working Time Regulations. The employee at the centre of the case, Mr Neal, was contracted to work a 35-hour week made up of five seven-hour shifts. His terms also stated that he may have to work overtime when necessary. In...

Topic: Employment Issues