In the MMD this week, we focus on all things regulatory with a video on the subject of data breaches.

Outside of regulatory law, we have two case law reports on discrimination matters, whilst our guest contribution this week comes from our litigation team, who has prepared an article on service charges in residential leases.

 The Media Hub

In this week’s video, Nils O’Donoghue discusses two recent high profile data breaches, why businesses should take the positives from these cases and how to build a defence to data breach cases.

To watch this video, please click below:

Click here

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

Bus driver with autism wins £30k compensation after suffering ‘belittling’ abuse

Mr Holland, the Claimant in this case, had Asperger’s syndrome which is an autistic syndrome that constitutes a disability under the Equality Act 2010. Holland routinely suffered abuse from his colleagues in a WhatsApp group where they would send him humiliating messages. This created a “hostile, humiliating and offensive” environment for him to work in, which resulted in the Claimant crying when he was alone and dreading going to work each day. In November 2020, Holland found that his car had been damaged in the Company car park, and was threatened with dismissal by his manager if he submitted an insurance claim. Holland later reported the incident to the insurance and police and resigned from the company. He requested payment of outstanding wages, however the manager refused to pay these and stated he was deducting the costs from the damage Holland had caused the business. The Company also emailed the Claimant’s new employers with claims that he had damaged the business which led to his dismissal and resignations from these employers. The company also contacted the DVLA with concerns about Holland’s mental state and standard of driving, which led to the DVLA requiring Holland to undergo a full medical at his expense in order to keep his driving licence. After leaving the Company, Holland underwent two months of counselling as his stammer had returned, he was unable to sleep and was crying frequently. The tribunal found that he had suffered discrimination due to his disability and also found that the emails to employers and DVLA amounted to harassment. He was awarded £576 in unpaid wages, as well as £25,000 in compensation and £4,069.23 in interest.

https://www.gov.uk/employment-tribunal-decisions/mr-holland-v-a-and-a-coach-travel-ltd-1802393-slash-2022

NHS nurse suffered race discrimination

Within her role the Claimant, Cox, who is black, was made the regional lead for the ethnic minority nurses’ advisory group, a role that entailed attending events and speaking about racial inequality in the workplace. Her manager, Paxton, did not like being challenged and as a result excluded the Claimant from several events and processes. When recovering from knee replacement surgery in 2019, Cox was told that she was not allowed to attend an arranged team away day under any circumstances. A second away day was also scheduled on the same date as an ethic minority nurses’ conference which meant that the Claimant could not attend. When question about this the tribunal found Paxton’s explanation ‘inconceivable’ as she stated she had not checked staff diaries before organising the day. There was also a whistleblowing element to the case as Cox had raised concerns over conflict of interest over the placement of nurses on independent review panels. The Claimant stated that Paxton had subjected her to harassment, victimisation and had excluded her from recruitment processes that she should have been included in. The tribunal held that Paxton had failed to provide any credible explanations for the claimant’s treatment and ruled that it was because of her race.

https://www.gov.uk/employment-tribunal-decisions/ms-a-cox-v-nhs-commissioning-board-operating-as-nhs-england-slash-nhs-improvement-2415350-slash-2020-and-2401365-slash-2021

Mental Health Awareness Sessions

In partnership with Mental Health First Aid, we are providing the opportunity to attend one of the mental health training sessions listed below. The sessions are delivered by accredited MHFA England Instructor Members and will help you gain a better understanding of mental health in a range of areas.  Please find the relevant information relating to the sessions at the links below and let us know if you wish to attend.

Adult MHFA Two Day only flyer – instructor

Supporting Mental Health in the Workplace_

 MHFA England Adult Courses

1. 28/29th March 2023
2. 27/28th June 2023
3. 26/27th September 2023
4. 28/29th November 2023

Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course)

1. 29th September 2023

Stress and Resilience Course – Cme Accredited

1. 29th June 2023
2. 30th November 2023

Focus On – Litigation

This week Kaye Willis from our Litigation team has prepared an article on service charges in residential leases. Please click the link below.

Update – Service Charges in Residential Leases