In the MMD this week, we look forward to our upcoming seminar on the essentials of the employment contract. There are still a number of places at the event so please register your interest by reply or alternatively email the team at employmenthub@chadlaw.co.uk.

In addition, Daniel has reached part 3 of his redundancy update videos, this week considering the concept of suitability when considering offering alternative employment.

Outside of employment law our colleagues at Acclaim debt management have prepared an article on summary judgments where the court has made a judgment against a party on the whole or part of a claim.

 The Media Hub

Redundancy & Suitable Alternative Employment – Part 3 of 4

In this video, we consider the concept of ‘suitability’ when offering alternative employment, which includes an assessment of the employee’s skills and aptitudes alongside any differences in the terms of the alternative job.

To watch this week’s video, please click on the link:

Click here

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

Former Lacoste manager succeeds in discrimination claim at appeal

When on maternity leave, the claimant submitted a flexible working request asking if she could work three days a week upon her return. This request was rejected as the Company stated that all managers had to work full time. She appealed this decision and as a result, the Company offered her four days, under the condition that she was fully flexible as to which days which was inconvenient for securing childcare. The Claimant sought legal advice and appealed this decision and the Company agreed to the four day week to be worked flexible on any day for a six-month trial period. The solicitor requested that this decision was made permanent otherwise the Claimant would have no choice but to resign and claim constructive dismissal however this request was denied. The Claimant submitted a claim to the employment tribunal asserting a breach of flexible working provisions and indirect sex discrimination, which was dismissed on the grounds that Lacoste required full-time working. It ruled that the PCP requiring flexible working had not been applied as she was never required to work full time and therefore she had not suffered disadvantage.  However, the EAT overturned this decision, holding that the PCP requirement was applied for indirect discrimination purposes.

https://www.gov.uk/employment-tribunal-decisions/ms-m-glover-v-lacoste-uk-ltd-and-mr-r-harmon-2202054-slash-2021

Paralegal sacked while pregnant suffered discrimination

The Claimant in this case had been with her firm for three and a half years, during which time she had two consecutive maternity leaves. During the Claimant’s absence, a litigation executive was recruited on a salary of £27,000 compared with the Claimant’s £18,000 and the two worked together upon her return from maternity leave. She was later dismissed by the firm two months after she announced her third pregnancy as the firm had decided to close the files that the Claimant was working on and confirmed she would be made redundant as a result. The tribunal judge ruled that the firm did not engage in a genuine and meaningful consultation and it merely ‘went through the motions’ in regards to her appeal and found that the Claimant had suffered discrimination.

https://www.gov.uk/employment-tribunal-decisions/miss-fb-yasin-v-swift-lawyers-ltd-2407552-slash-2021

Inadequate toilets for women was sex discrimination

The Council in this case operates from a building owned by a church which shares the building with a playgroup. The women’s toilets were located in the part of the building used by the playgroup therefore the women working for the council were forced to ask playgroup staff to use the facilities and check that no children were using them. From May 2017, the council offered female staff the use of the men’s toilets during which a sign could be placed on the door when the toilet was being used by a women, however this was only one single cubicle and could only be accessed by passing a urinal. It was only in June 2018 that the church arranged for a lock to be placed on the door and a sanitary bin fitted, which was only emptied upon the Claimant’s request. The Claimant made a claim for indirect sex discrimination which the tribunal upheld due to the series of detriments that had occurred. although the council appealed this decision, the appeal was dismissed by the EAT.

https://www.gov.uk/employment-appeal-tribunal-decisions/earl-shilton-town-council-v-ms-k-miller-2023-eat-5

Essentials of Contracts Seminar in conjunction with Evalu8

Date – Wednesday 22nd February 2023

Time – Arrival from 8:30am, Seminar 9:00am-10:00am

Location – Wakefield Office – Paragon Business Village, Red Hall Crescent, Wakefield, WF1 2DF

Chadwick Lawrence will be partnering with Evaul-8 on this seminar which will focus on the importance of contracts of employment.

Chadwick Lawrence will present on the essentials of contracts and how they govern the employment relationship. There will be a focus on the legislative requirements of a contract, whilst also understanding how these can be legitimately varied if needed due to business needs.

Evalu-8 will then demonstrate how to store, send, sign and track documents in Evalu-8 enabling these to be sent to numerous employees quickly and efficiently.

Focus On – Acclaim

This week Matt Perry from Acclaim Credit Management and Debt Recovery has prepared an article on applications for summary judgment pursuant to Part 24 of the Civil Procedure Rules.

Please see the below link.

Acclaim MMD February 2023