In the final summer edition of the MMD we review the latest updates from the Employment Tribunal as well as focussing on our latest events.

The first three seminars in our 23/24 program are now available to register so please sign up at seminars@chadlaw.co.uk.

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

Man with Stammer succeeds in disability discrimination claim.

Mr N Ali (“the Claimant”) has a speech impediment and he stammers when he is under stress. The Claimant applied for a role with the Pennie Care NHS Foundation Trust (“the Respondent”) in their Subject Access and Freedom of Information Department. The Claimant attended the interview on 13 January 2023 and was offered the role on 14 January 2023. The Claimant informed the Respondent that at his current NHS role there is a reasonable adjustment to not use the phone due to his stammer. Following this disclosure, the Respondent withdrew the job offer without discussing this further with the Claimant or considering if there were any other adjustments that could be made for the Claimant. The tribunal held that withdrawing the job offer amounted to unfavourable treatment and the treatment was because of something arising in consequence of the Claimant’s disability. The Tribunal considered that whilst the Respondent felt that the Claimant would not have been able fulfil the job requirements, it would have been a reasonable adjustment to allow him to work a trial period. It was therefore held that it was not proportionate to withdraw the job offer and the complaint to the tribunal for discrimination arising from disability is well founded.

https://www.gov.uk/employment-tribunal-decisions/mr-n-ali-v-pennine-care-nhs-foundation-trust-2407336-slash-2021

Employee terminated following disclosure of pregnancy.

In this case, Miss P Bawej (“the Claimant”) was employed by Huangs Grill Limited (“the Respondent”) as an Assistant Manager from 16 July 2018 until 17 February 2019. On 12 February 2019, the Claimant informed the Respondent that she was pregnant. Following this, the Claimant rota was withheld, and she was informed by the General Manager that she would have to change her place or work and her salary would reduce by £4,000.00 pa. The Claimant received text messages from the general manager about being ‘terminated’. The Claimant subsequently pursued a claim against the Respondent where in their defence they alleged that she was terminated by reason of redundancy after following a selection and consultation process. The tribunal did not accept the version of events due to lack of clarity and or documentary evidence supporting such process. The tribunal found that this account was an attempt to mislead the tribunal. The Claimant alleged that she was dismissed because of her pregnancy and given the Respondent did not provide any proper explanation, the tribunal held that she was dismissed because she was pregnant.

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!

Focus On – Our Services

This week, we have chosen to provide a detailed list of services that Chadwick Lawrence offer.  Should you require any of our services, please do not hesitate to get in contact with us and we would be happy to help.

Our Services