This week at Chadwick Lawrence

The team was honoured to attend the annual WACCL event, held at Capri in Wakefield. The annual charity lunch raises money for local children’s charities and the firm is delighted to support such a worthy cause.

The Media Hub

When is a Resignation not a Resignation?

This video explores the concept of resignations given ‘in the heat of the moment’, which could result in an employee being able to disregard the serving of notice to the employer. We also examine the effect of fresh dismissals during the notice period and why this could be a tactical move worth considering for employers.

To watch the video please click the following link: https://youtu.be/OAEaBrxm-x0

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

An appropriately drafted COT3 agreement can prevent a subsequent claim for victimisation against the same Respondent

In this recent case, the Claimant worked for the respondent for a month before his dismissal in 2014 after which he brought proceedings for race discrimination. The parties entered into a COT3 agreements settling these claims. The Claimant later brought another claim in 2018 for victimisation, however the Respondent argued that this claim had been settled by the COT3. The tribunal and EAT agreed and held that the new claim fell within the scope of the 2014 COT3 and therefore couldn’t proceed.

https://www.gov.uk/employment-appeal-tribunal-decisions/mr-adrien-arvunescu-v-quick-release-automotive-ltd-2022-eat-26

Mistakenly not attaching a relevant document to an appeal is not sufficient grounds for an extension of time.

In this recent case, the Claimant appealed against an order from the EAT refusing to extend the time for her Employment Tribunal appeal. The Claimant’s notice of appeal and attachments were submitted within the time limit but the detailed grounds of claim had not been included. This document was then sent to the EAT after the time limit for appealing had expired. The EAT found that this mistake did not amount to a good reason to extend time.

https://www.gov.uk/employment-appeal-tribunal-decisions/ms-r-anghel-v-middlesex-university-2022-eat-176

Wilko employee sacked for selling knife to a child

The Claimant in this case had 15 years of service as a sales assistant and had received annual training on retail law, including the store’s Challenge 25 policy with regard to the sale of knives. This policy specifies that workers must ask anyone they believe looks to be under 25 to provide ID if they are purchasing restricted products including knives. On the till there is also an automatic prompt for all sales of such items where the operator must click the option that says “customer clearly over 25.”

https://www.gov.uk/employment-tribunal-decisions/ms-s-mcmillan-v-wilko-ltd-3314783-slash-2021

Finally, our 2023 events program is up and running and we are pleased to host an event with Hays Recruitment, details as below.

Salary Guide in conjunction with Hays Recruitment

Date – Thursday 19^th January 2023

Time – Arrival from 8:30am, Seminar 9:00am-10:00am

Location – Wakefield Office – Paragon Business Village, Red Hall Crescent, Wakefield, WF1 2DF

In the first event of 2023, Chadwick Lawrence will be partnering with Hays Recruitment who will be presenting on their findings of their Salary Guide.

This year the Salary guide is in its 9^th year of publication. It includes insights and tips to help you plan your hiring strategy for the year ahead including:

• The impacts on the rising cost of living on pay
• Are skills shortages going to get worse
• Actions your peers are taking to secure talent
• What matters most to professionals apart from pay

Chadwick Lawrence will then present on what is to come in 2023 in the world of employment law. With the recent Retained EU Law (Revocation and Repeal) Bill, Chadwick Lawrence will cover how the Bill works and their predictions on how the Bill will impact on TUPE, the Working Time Regulations and other employment law topics. The event will then focus on the recent decision of Harper v Brazel. Chadwick Lawrence will discuss the Supreme Court’s decision have made it clear that employers cannot use the 12.07% method to calculate holiday pay