The mass of bank holidays are now behind us and the warmer weather has been very welcome. As we move into the summer months, we are seeing more substantial commentary from Government on legislative changes on the horizon; in this update, the focus is on non-compete clauses. You can view a summary of the proposals in the video below, and read on for a couple of topical case updates.

The Media Hub

(Non) Competition Time!

The Government has responded to its 2020 consultation on the reform of non-competition clauses in employment contracts; this video examines the likely changes to be implemented in the future and the impact this will have on the protection afforded to business through the use of such clauses.

To watch the video, please click here.

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

Driving examiner to have constructive dismissal claim reheard

In November 2018, Mr Miles was told that he had stage-four chronic kidney disease (CKD) and was advised to plan for kidney failure. He worked at the DVSA as a driving examiner. When the Covid-19 pandemic began, Miles was instructed to stop working on 17 March 2020 after raising concerns regarding his health with his employer. The following day, all non-critical driving tests were cancelled and the examiners furloughed. In June 2020, Miles’ manager discussed a proposed return to work with him, however Miles was reluctant to return as he fell into the critically vulnerable category, however was told that he would be expected to return to work in line with government guidance and that additional health and safety measures would be put in place. One month later, driving tests commenced, and all examiner returned to work apart from those who were ‘clinically extremely vulnerable,’ which Miles’ condition did not satisfy. Despite involving a union rep, Miles said he would not return to work and felt no adjustments would resolve his concerns. He resigned in August 2020 and brought employment tribunal proceedings, during which he discovered that he had been misdiagnosed and in fact had stage-two CKD. The tribunal dismissed his claim for disability discrimination, unfair dismissal, and failure to make reasonable adjustments, however the EAT held that the tribunal had applied the wrong test for determining disability and that Miles’ claim for constructive dismissal and disability discrimination be reheard.

https://www.gov.uk/employment-appeal-tribunal-decisions/mr-darrell-miles-v-driver-and-vehicle-standards-agency-2023-eat-62

English nationalism is not a philosophical belief

In this case the Claimant was dismissed from his role at the Open University after voicing racist views on social media. He had used an alias on social media to express his views and some of the content had been deleted by the time the employer addressed them. Even though there was no evidence that the Claimant had discussed his beliefs at work, the University had received both internal and external complaints. The Claimant brought tribunal proceedings and told the tribunal that he described himself as an “English Nationalist” and believed that mass immigration has been “destructive and unhealthy” and that the government should discriminate in favour of people who he deemed “British.” The judge dismissed the Claimant’s discrimination claim and stated that his believe in English nationalism was “not worthy of respect in a democratic society for several reasons” and “incompatible with human dignity and conflicts with the fundamental rights of others”.

https://www.gov.uk/employment-tribunal-decisions/mr-a-cave-v-the-open-university-3313198-slash-2020

Focus On – Litigation

This week, Matt Perry from our Acclaim team has prepared an overview article on enforcement of a money judgement. Please find this article below.

Obtaining Judgment

Managing Sickness Absence and Lateness Seminar

Wednesday 7 June 2023 – 8.30 am registration for 9.00 am start – Wakefield Office

We will be presenting on sickness absences and lateness in the workplace with Ken Hall from Tailored Learning Solutions. Focus will be on when an employee’s absences and lateness should be managed and the appropriate procedures to follow.

Furthermore, Ken Hall will be focusing on mental health awareness in the workplace and how to support employees.

To register your interest in this event, please email employmenthub@chadlaw.co.uk

Mental Health Awareness Sessions

In partnership with Mental Health First Aid, we are providing the opportunity to attend one of the mental health training sessions listed below. The sessions are delivered by accredited MHFA England Instructor Members and will help you gain a better understanding of mental health in a range of areas.  Please find the relevant information relating to the sessions below and let us know if you wish to attend.

 MHFA England Adult Courses

1. 27/28th June 2023
2. 26/27th September 2023
3. 28/29th November 2023

Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course)

1. 29th September 2023

Stress and Resilience Course – Cme Accredited

1. 29th June 2023
2. 30th November 2023

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor