In this week’s MMD, Daniel has prepared a video addressing misconduct issues that happened outside of work and the options available to address it.

In the news we review two tribunal matters focussing on discrimination and whistleblowing.

Our Mock Tribunal is coming up in two weeks, we have over 100 delegates attending, but we still have a few places remaining for anyone who wants to join and to do so please find the registration below.

Outside the world of employment law, we have a contribution this week from Zoe Allen in our litigation department.

THE MEDIA HUB

Leave your problems at the door?

This video explores options open to an employer where misconduct committed outside of work impacts on the employment relationship. As with any conduct case, proportionality is key, and the employer must demonstrate a substantial impact on the business, its colleagues or reputation to justify dismissal.

To watch this week’s video, please click here.

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

Ministry of Defence officer discriminated against following her results of the ‘bleep test’

The Ministry of Defence set the requirement of achieving a score of 7.6 in the bleep test in order to meet the fitness standards. The Claimant was only able to achieve a score of 6.7 however was still deployed to a Scottish site in April 2017. Following a second failure of the test, the Claimant was dismissed in October the year after. The Claimant brought tribunal proceedings and claimed that the test did not account for “innate biological differences” which meant that it was harder for the female Claimant to pass the test in comparison to that of a male. Following expert witness evidence relating to the biological differences between the male and female body, the tribunal concluded that the force had indirectly discriminated against the Claimant on the grounds of her sex by not providing her with the opportunity to take alternative fitness tests.

https://www.gov.uk/employment-tribunal-decisions/ms-k-brown-v-ministry-of-defence-police-4102885-2019

After a decade-long battle, a whistleblower nurse was awarded £150,000 for ‘systematic bullying’ in NHS

The dispute started in 2014 after the Claimant, Climer-Jones, formally complained of being ‘humiliated’ and ‘assaulted’ by a senior staff nurse. At this time, the Claimant also brought concerns regarding the hospital’s practice of endangering staff and patient safety, along with staffing pressures which had resulted in the hospital assigning six patients to one nurse. Later that year, the Claimant brought specific complaints after she was told to leave an elderly patient with dementia in a wheelchair for the night. In 2014, the Claimant was suspended over allegations of gross misconduct and insubordination. Although these allegations were dropped the following year, the Claimant was never informed of this decision and she believed the allegations were still ‘live’ when she resigned in 2016. The Tribunal found that this suspension was a form of discipline by the Respondent as a result of her first disclosure and to “prevent her from submitting any further incident forms.” The Judge also stated that the Claimant’s whistleblowing had “triggered a systematic catalogue of bullying and pursuit of her in the form of a covert disciplinary investigation that was maintained up to the date she resigned.”

https://www.gov.uk/employment-tribunal-decisions/mrs-j-climer-jones-v-cardiff-and-vale-university-local-health-board-1600772-2016

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!

AN INSIGHT INTO LITIGATION

This week, Zoe Allen from our Litigation department has prepared an article on Insolvency.  Should you require any of our services, please do not hesitate to get in contact with us and we would be happy to help.

Reusing an Insolvent Company Name

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, including MHFA England Adult Courses, Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course), and Understanding Suicide Intervention at our Wakefield office.

There are events taking place at our Wakefield office as follows:

MHFA England Adult Courses

• 28/29th November 2023 – 2 days, 9.30 a.m. to 4.30 p.m.

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