This Week at Chadwick Lawrence

The employment team got together with pizza to watch England kick off their first match at the 2022 World Cup. Fortunately, we avoided an outing for the less entertaining performance on Friday.

In the next few weeks, we will also be putting together our seminar program for 2023 so if you have any suggested events/seminars please do hesitate to contact us.

The Media Hub

How can I make a dismissal vanish?

This video explores the concept of a ‘vanishing dismissal’ in circumstances where an employee is successful in overturning a dismissal on appeal. It also considers the tactical advantages of an employee upholding an appeal and the impact this can have on an unfair dismissal claim.

To watch the video please click the following link: https://youtu.be/8KNnvAQjk-8

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

National minimum wage increases announced for April 2023

In the 2022 Autumn Statement, delivered on 17 November 2022, the government has accepted the Low Pay Commission’s recommendations to increase the national living wage (NLW) and national minimum wage (NMW) rates. The NLW, which applies to workers aged 23 or over, will increase by 9.7% to £10.42 per hour and will amount to over £1600 for a full-time NLW worker. The new rates from the 1^st of April 2023 will be:

• Age 23 or over (NLW rate): £10.42 (up 9.7% from £9.50).
• Age 21 to 22: £10.18 (up 10.9% from £9.18).
• Age 18 to 20: £7.49 (up 9.7% from £6.83).
• Age 16 to 17: £5.28 (up 9.7% from £4.81).
• Apprentice rate: £5.28 (up 9.7% from £4.81).
• Accommodation offset amount: £9.10 (up 4.6% from £8.70).

Morrisons ordered to pay £60,000 for sex discrimination

In this recent case, the claimant had a part-time contract before going on maternity leave after having her second child. On return from her leave, the claimant was asked to take on a full-time role and when concerns were raised about this, she was told to ‘prioritise things a bit better.’ The claimant also stated that a new role that had been offered to her had disappeared when she announced her pregnancy. She raised a grievance and was signed off with work related stress. When the claimant handed in her notice, she submitted a subject access request and came across a letter detailing plans to demote her whilst she was pregnant. The employment tribunal ruled that Patterson had been “unfavourably treated” and that Morrisons had subjected her to a “detriment of indirect sex discrimination after her maternity leave”. It ordered the supermarket to pay her £60,442.25 in compensation.

https://www.gov.uk/employment-tribunal-decisions/ms-d-patterson-v-wm-morrison-supermarkets-ltd-1800249-slash-2022-and-others

Finance director sacked for repeatedly telling bosses they were going broke

In this recent case, the claimant alerted bosses when he received an £11,628 bill to insure a Bentley and a Rolls-Royce. He cautioned that they were likely to break insolvency law – because they were unable to repay their debts – and were at risk of wrongful and fraudulent trading in the UK. When suppliers started to take legal action to try and claim their money, the claimant again tried to warn his boss. Eventually, the claimant was asked to leave the business in February 2020 however he did not leave at this time. Later again in April, he told senior managers the firm owed more than £3 million to creditors but had less than £300,000 in the bank. The tribunal found that the claimant was ‘undermined’ and ‘treated detrimentally’ for whistleblowing and was ordered to pay out £754,000.

https://assets.publishing.service.gov.uk/media/5fb29bf48fa8f55deeb787af/Mr_S_Williams_-v-_ABP__London__Investment_Limited_-_3202456_2020_-_Interim_Relief_Judgment.pdf