Our in person events are returning and we are coming back with a bang with a mock tribunal event. The details of the half day event are listed below but if you would like to register a place please drop me or the team an email at employmenthub@chadlaw.co.uk.

In addition, Daniel has prepared a video on whether support of a football team can amount to a protected characteristic and we have a number of case law updates from the Tribunal.

This Week at Chadwick Lawrencee

The Leeds office enjoyed a Macmillan Coffee Morning where some more star bakers showed off their talents to raise money for cancer support.

The Media Hub

Is Support for a Football Team Protected under the Equality Act?

This video considers a recent decision in the Employment Tribunal concerning the protection potentially afforded to an individual who claimed their support of Rangers Football Club fell for protection as a religion or belief under the Equality Act 2010.

To watch this video please click here.

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

Manager failed to inform an employee about racist comments against him

In this recent case, an NHS receptionist was awarded compensation as he successfully claimed that his manager ‘violated his dignity’ as he neglected to tell him that he had been subject to racial abuse. A cleaner had entered the office to empty the bins and was asked for a black sack by another employee in order to line their bin. In response to this, the cleaner pointed to the Claimant’s chair and said ‘there is one over there.’ Although his manager informed the cleaner that this was unacceptable, she failed to tell the Claimant about the comment that had been made. As a result, the Claimant was awarded £1,000 for injury to feelings.

https://www.gov.uk/employment-tribunal-decisions/mr-c-sterling-v-leeds-teaching-hospitals-nhs-trust-1804988-slash-2020

Unfair dismissal against an asthmatic employee

A lawyer who worked at Starling Bank was dismissed in March 2020, after she had indicated to her manager that she needed to discuss working arrangements due to her asthmatic condition and the COVID-19 pandemic. The company stated that they dismissed the Claimant due to performance concerns and stated that she was “not a Starling person,” however these concerns had not been raised with the Claimant and she had passed her probation 5 months before the dismissal with no issues raised. The Claimant had previously developed a chest infection and had to subsequently go on sick leave. She had complained to her manager that the air conditioning in the building had exacerbated her asthma causing this, however no response was given. The judgement in this case highlighted the manager’s lack of sympathy and failure to respond to messages about ill health. The tribunal agreed that she had been treated unfavourably because of something arising from her disability and a remedy hearing is to follow.

https://www.gov.uk/employment-tribunal-decisions/miss-g-raja-v-starling-bank-and-mr-m-f-newman-2203318-2020

Disabled at the relevant time?

In this recent case, the tribunal confirmed that an employee who caught COVID-19 two weeks before their dismissal, was not disabled at the relevant time. the Claimant tested positive for COVID-19 which led her to experiencing symptoms which affected her day to day activities. However, at this time the Claimant was not diagnosed with Long Covid but rather her positive COVID-19 result. The Claimant was dismissed from her employment in July. However was declared unfit to work by her GP due to post-COVD-19 symptoms and diagnosed with Long Covid in September. The Claimant brought claims against the Respondent for a number of claims including direct disability relying on her diagnosis of Long Covid and normal COVID-19 symptoms. The Claimant argued that COVID-19 and Long Covid are part of the same condition. However the Tribunal held that the Claimant was not disabled under the Equality Act 2010 at the time of her dismissal. The reason for this is at the Claimant was not diagnosed with Long Covid until 6 weeks after her dismissal and therefore was not disabled at the relevant time.

https://www.gov.uk/employment-tribunal-decisions/mrs-g-quinn-v-sense-scotland-4111971-slash-2021

Dates for the Diary

Mock Tribunal – What’s Your Verdict?

When? Monday 14^th November 2022

Where? Weetwood Hall Estate, Otley Road, Weetwood, Leeds LS16 5PS

Time? 8:30 am registration – Close 1pm

This interactive seminar will involve a mock trial, based on a fictional employment tribunal claim. We shall be using practising solicitors and barristers to ensure the event provides a very realistic view of the tribunal process with you, the audience, acting as the ‘jury.’ Further details to follow shortly.