Monday Morning Dispatch - 13 June 2022

What’s Happening – Video/Multimedia

This week’s video discussing the subject of without prejudice discussions.

Will settlement discussions always remain “off the record”? This video explores the without prejudice rule and the extent to which protection will be lost where there is “unambiguous impropriety”. We consider examples of “off the record” settlement offers which include exaggerated threats, which can result in such discussions being admissible in future proceedings.

For the link to the video click here

2022 Seminar Programme

8:30am Wednesday 15th June 2022- Lighthouse Mock Health & Safety Trial at Headingley Stadium, Leeds, LS6 3BR

Chadwick Lawrence & Lighthouse Risk Services warmly welcome you to join us for an interactive mock Health & Safety trial. The event will see a fictional company stand trial against the HSE for injuries sustained by an employee in a workplace accident. This free event gives you a real insight into how a trial operates and the impact it could have on you as the employer.

Free breakfast and networking commences at 8:30, with the trial starting at 09:00. The judge will have made a decision and sentences will have been handed out by 11:00am.

To sign up for this event please email employmenthub@chadlaw.co.uk

In the News

There have been lots of relevant employment law/HR updates this week.

Rangers fan dismissed for his devotion to the club

Mr Eddie McClung is arguing that his devotion to the Rangers Football club amount to a religion or belief under the Equality Act 2010. Eddie argues that he was dismissed her his loyalty to the club. However, the Company argue that he was dismissed because of a redundancy situation.

He is arguing that the importance of the club in his life constitutes a philosophical belief. Mr McClung states that “I don’t go to church. I go to Rangers. It’s a belief to me”. Mr McClung argues that a number of comments made about his football club would amount to harassment and not simply ‘banter’. One example is that on a site toilet there is graffiti which mocks the 1971 Ibrox disaster where 66 people lost their lives.

The Solicitor for Doosan Babcock Ltd states that Mr McClung is clearly a devoted fan however she does not consider that he will be able to identify a ‘belief’ in the argument he is pursuing.

The judgement has been reserved on the discrimination element.

https://assets.publishing.service.gov.uk/media/6177e018e90e071979dfed46/Mr_E_McClung_v_Doosan_Babcock_Ltd___others_-_4110538.2019_-_Preliminary.pdf

Perception of the workplace today

A study publicised by the Future Workplace academic team at the University of Leeds assessed people’s perceptions of what a workplace is after the COVID-19 Pandemic.

The study found that

72% of participants preferred to work from the office at least one day a week,
33% of workers do not have a dedicated workspace at home, and
30% would like access to a “third space” such as a co-working office.

This study suggests that one size doesn’t fit all when it comes to the new way of working and employers should be flexible when trying to accommodate their employees.

https://futureworkplace.leeds.ac.uk/ao_report_052022/

Nurse dismissed due to migraines

Ms Caroline McKenzie began her employment as a Nurse with The University Hospital of Leicester NHS Trust in 2010 and suffered with migraines, anxiety and depression, which the tribunal ruled amounted to disabilities under the Equality Act 2010. After receiving written warnings and being managed through the Hospitals absence management procedure she was dismissed in August 2020 after a lengthy period of absence.

The tribunal found that Ms McKenzie was dismissed because of her disability related absences and that dismissal was not a proportionate response as at the time of her dismissal her prognosis was that it was that her lengthy absences were unlikely to be repeated. Ms McKenzie is awaiting a remedy hearing to determine the level of compensation she will be awarded.

https://assets.publishing.service.gov.uk/media/628cdd68e90e071f5ee0e866/Ms_CC_McKenzie_v_University_Hospitals_Leicester_NHS_Trust_2603829.2020__Judgment_and_Reasons.pdf

AOB

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