In the MMD this week we take a deep dive into the potential reintroduction of Tribunal fees through a video Daniel has prepared.  In the podcast, we review an Employment Tribunal (ET) case relating to inappropriate conduct, while Nils reviews the increases in illegal working penalties.

There is still a chance to register your place at our Equality and Diversity seminar at the Leeds Rhinos. If you are interested, please reply to the email or email seminars@chadlaw.co.uk.

THE MMD PODCAST

Episode 16: Taekwondo Outfits?

Join Sam and Nils this week as they discuss The Employment Tribunal case of Sturgess -v- Cambridge Country Club Ltd and provide an update on the increases to illegal working (civil) penalties which come into force from February 2024.

Click here to listen to the podcast on Spotify or scan the QR code below.

Ask the experts

If you have any questions that you would like answering on the podcast, please email mmd@chadlaw.co.uk

THE MEDIA HUB

Pay to Play

This video examines the recently launched consultation into the potential reintroduction of fees into the Employment Tribunal system. We consider the differences between the current proposals and the previous fee-paying regime, and analyse the reasoning behind the consultation.

Click here.

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

Golf Pro who sent inappropriate Facebook messages to colleague was unfairly dismissed

The Claimant worked as a golf professional at Cambridge Country Club from May 2010 and had a clear disciplinary record with the Company until May 2022 when the Club received multiple complaints from other employees about inappropriate comments that the Claimant had made. One complaint included the Claimant telling his colleague that she ‘smelt so good he could lick her all over.’ The Claimant was suspended from his duties and invited to a disciplinary hearing where he was presented with a screenshot of a message that he had sent to the same colleague, asking her how she ‘managed to look so good everyday.’ The Claimant denied all allegations of misconduct. The day after the hearing, the Claimant received a letter confirming the decision to dismiss him with immediate effect as the Claimant had made “unwanted advances of sexual nature to fellow employees” both on and off duty.

The Claimant later brought tribunal proceedings against the Club as he was dissatisfied with the process and procedure. He pointed out several errors in letters sent to him, that he was not informed of the allegations against him before the investigation and so was unable to prepare, and that he was only given the minimum of 24 hours’ notice for the disciplinary hearing. At the tribunal, the judge concluded that the respondent “did not carry out a reasonable and sufficient investigation” and that the “dismissal was not a fair sanction and is not within the range of reasonable responses for a reasonable employer and the claimant has been unfairly dismissed.” However, the tribunal did find the Claimant guilty of serious misconduct in relation to the messages and inappropriate behaviour and found that he had caused or contributed to his dismissal by blameworthy conduct. His basic and compensatory awards were therefore reduced by 40%.

https://www.gov.uk/employment-tribunal-decisions/m-sturgess-v-cambridge-country-club-ltd-3312598-slash-2022

UPCOMING EVENTS

We have lots of exciting events coming up which we would love for you to be a part of.

To register your interest in any event, please email seminars@chadlaw.co.uk. We look forward to seeing you there!

JOIN US FOR OUR MENTAL HEALTH AWARENESS SESSIONS

Through our relationship with Tailored Learning Solutions who provide mental health first aid courses in our business, we are now able to announce that we are running multiple courses at our Wakefield office including the following:

Mental Health First Aid (2 day course)

• 24/25th April
• 26/27th June
• 25/26th Sept

Mental Health First Aid – Refresher (1/2 day workshop)

• 24th September

Suicide First Aid – LITE (1/2 day workshop)

• 25th June

Suicide First Aid – Understanding Suicide Intervention (1 day workshop)

• 25th November

Mental Health for Managers Workshop (1 day workshop)

• 26th April
• 14th October

The details of these sessions can be found at the Tailored Learning Solutions website: https://www.tailoredlearningsolutions.co.uk/book-online?category=all-services

If you would like further information and details of the cost for these events, please email carolgledhill@chadlaw.co.uk