In this week’s MMD we have the usual updates from the podcast, media hub and by our guest contributors.

On the podcast we discuss the recent changes to the UK Immigration rules, as well as the requirements for Employers to make reasonable adjustments for employees with disabilities. In the Media Hub, Daniel has prepared a video on preparing and applying social media policies.

Our guest contribution this week comes from Andrew Dickinson in our property litigation team who has prepared an article on injunctions.

Finally, we have details of two new seminars coming up in the Spring.  To register your interest please reply by return or email seminars@chadlaw.co.uk

THE MMD PODCAST

Episode 22: The Churn

 Join Sam and Nils this week as they discuss the recently announced changes to the UK Immigration Rules and the impact that may have on businesses and an interesting Employment Appeal Tribunal case brought by an employee for alleged failure to make reasonable adjustments.

https://spoti.fi/3TvNdpU

THE MEDIA HUB

Hitting the post

This video considers the application of a social media policy for employers, which promotes guidelines on posting content across different platforms. We discuss the important distinction to be made between accounts which the employer claims ownership of, and those which employees use and own on a personal basis.

Click here.

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

Context can be king in employment tribunals

The claimant, Mr Sutcliffe, then working as the Respondent’s operations manager, was responsible for ensuring deliveries were made in a timely fashion, and had been instructed in no uncertain terms by his superiors that he was expected to maintain strict discipline over the company’s drivers.

The tribunal heard that while taking his daughter to school, he learned that a delivery had been missed due to a driver’s absence following a bout of illness the night before. Upon completing the school run and turning up to the office, the claimant was called into an angry meeting with two superiors in which a company director described the missed delivery as a ‘s*** show’.

When the claimant explained that he could not have done any more as he was on the school run, the same director replied with words to the effect of “I don’t give a s*** about your kids, you’re the manager, it’s your responsibility”.

After the claimant responded in similarly foul-mouthed fashion before leaving the room, the company director followed him out onto the staff floor and angrily berated the claimant for his language and tone. The director subsequently ordered the claimant’s computer to be removed from the office; the claimant then received text messages from colleagues saying he (the claimant) had been suspended, though he had received no communication from the company to that end, only receiving a letter confirming his suspension the following day.

The company brought a disciplinary against the claimant, who responded by raising a grievance, at which the director said the comment about the claimant’s children was taken ‘out of context’ – despite having earlier denied having spoken about the claimant’s children at all. The claimant was subsequently dismissed from the company – a decision made by one of the company directors, and not by the external person who chaired the disciplinary meeting. Following this, the Claimant brought a claim for unfair dismissal.

Although the tribunal found that the claimant’s dismissal was as a result of his conduct, it was unclear what specific part of his conduct had directly led to his sacking. The tribunal was also unimpressed by the respondent’s ‘disingenuous’ evidence, finding that they had effectively tried to cover up their own ‘inappropriate’ behaviour because they knew it ‘justifies the actions of the claimant’.

As such, Employment Judge Lloyd-Lawrie concluded that in the context of a freight company where swearing in meetings as part of a ‘confrontational’ management style was the norm, the claimant’s response to the director’s comment about his children did not constitute misconduct, and nor did the respondent’s staff genuinely believe it was either.

https://www.gov.uk/employment-tribunal-decisions/mr-r-sutcliffe-v-freight-systems-express-wales-ltd-1601280-slash-2023

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!

OTHER SERVICES

This week, Andrew Dickinson from our Complete Property Solutions department has prepared an article on Injunctions. For further information on this matter, please contact us and we will put you in touch with Andrew.

Injunction Against the World

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 (FULLY BOOKED)
• 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