June 2022 - Didlaw

Unfair dismissal disability discrimination: Disabled nurse sacked

29 June 2022

In McKenzie v University Hospitals of Leicester NHS Trust, an NHS nurse who was dismissed due to the number of days she was off sick, was found by the Employment Tribunal to have been subject to unfair dismissal and disability discrimination. Having begun employment in 2010, the claimant suffered from two disabilities throughout her time […]

Rail strike – A summer of discontent

27 June 2022

Commuters brace themselves for further travel chaos as rail workers from the RMT union and London Underground recently staged the largest rail strike in several decades. As commuters took to the roads, or took the opportunity to work from home, it seems there is public support for the workers seeking better pay in the face […]

Judicial review into employment rights of armed forces denied

24 June 2022

The High Court has refused the claim of an Army doctor, supported by the British Medical Association, for judicial review of the Defence Secretary’s decision not to bring section 192 of the Employment Rights Act 1996 into force. Section 192, if implemented, would enable service personnel to bring claims in the Employment Tribunal for various […]

Contractual sick pay – EAT upholds constructive dismissal appeal

22 June 2022

In a hearing on 8 March 2022, the Employment Appeal Tribunal (EAT) decided that an employer’s refusal to pay an employee’s contractual sick pay was a fundamental breach of contract. The Claimant, Mr. Singh, was invited to attend a disciplinary hearing by his employer, Metroline. The day after the invitation was sent, Mr. Singh was […]

Menopause at work – Disability or victim of discrimination?

20 June 2022

Despite her symptoms meeting the legal definition of disability, the Employment Tribunal in McMahon v Rothwell and Evans LLP ruled that a dismissed worker experiencing menopause at work had not been subjected to disability or sex discrimination by her employer. The claimant was a typist and conveyancing apprentice working for the respondent, a small to […]

Failure to provide workplace facilities to express breastmilk

17 June 2022

The Claimant, Mellor, was a teacher. When she returned from maternity leave in January 2019, the school (MFG Academies) permitted her partner to bring her baby to the school to breastfeed. She was provided with a private room to breastfeed, but not to express breastmilk. In March 2020 Mellor was pregnant with another baby. She […]

New study on gendered language in job adverts

15 June 2022

Only 5% of job advertisements use fully gender-neutral words as opposed to gendered language, according to a recent study conducted by employee brand agency Chatter Communications. The study also found that the linguistic gender of a particular advert depended on what sector it applied to. Chatter analysed 230 adverts posted by FTSE 100 companies across […]

Fair reasons for dismissal – Making the grade?

13 June 2022

One of the potentially fair reasons for dismissal under s98 Employment Rights Act 1996 is capability which is more commonly referred to, and dealt with under the guise of, performance. Capability can refer to capability in the sense of ability to do the job i.e. poor performance, or capability in the sense of being fit […]

Period pain sick leave law gets through first stage in Spain

10 June 2022

On 17 May 2022, The Spanish Cabinet approved a draft law that would give female workers the right to take paid period pain sick leave when symptoms are severe. If the bill is approved, Spain would become the first European country to enact such a law. Spanish women who suffer from Dysmenorrhea (around 75% of […]