We kick off this week’s MMD by taking a closer look at the new government’s proposals under the Data Protection and Digital Information Bill.

In addition, we review two recent caselaw decisions in the Employment Tribunal focussing on discrimination issues.

Finally, our guest contribution this week is from our credit management team at Acclaim, who have prepared an article on the late payment of commercial debts.

 The Media Hub

Nils O’Donoghue of our Regulatory and Crime team talks about the government’s proposals for new data laws under the Data Protection and Digital Information Bill.

To watch this week’s video, please click the link below.

Click here

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

Pregnant worker given fewer shifts was discriminated against

The Claimant began working for the Company in November 2021 and later that month accepted a role as an assistant manager with a restaurant owned by the same company. The Company never provided her with a written statement of employment particulars as required by the Employment Rights Act 1996 and so was unsure of who her employer was, however the tribunal determined that this was WBI which operated both businesses. In January 2022, the Claimant informed the restaurant manager of her pregnancy and plans to begin her maternity leave in the August. During her pregnancy, the Claimant experienced pain and sickness connected to her pregnancy however was still mostly able to work her usual hours. Following this, she noticed that she was receiving fewer shifts than usual and later found that she had not been put on the rota at all in April and was offered one shift in May. When she later contacted the HR representative to discuss her plans for taking maternity leave, she was informed that she had been “P45’d”. When the Claimant asked for clarification from her manager regarding this, she received a text saying “no hard feelings.” The tribunal found that the reason for her dismissal was her pregnancy and amounted to automatic unfair dismissal. She was awarded £15,956.40 in compensation, including a £9,900 award for injury to feelings.

https://www.gov.uk/employment-tribunal-decisions/ms-a-mcknight-v-f47-ltd-and-wbi-ltd-4104568-slash-2022

School chaplain did not suffer belief discrimination following controversial sermon on LGBT issues

The school had adopted an “Educate and Celebrate” (E and C) programme that aimed at “tackling homophobic, biphobic and transphobic bullying and ingrained attitudes in schools”. The Claimant delivered a sermon opposing E and C, describing it as “identity politics” and said it was contrary to Christian teachings and went beyond tackling bullying. The content of the sermon led to an unprecedented number of complaints from staff and pupils. Following this, disciplinary proceedings were issued against the Claimant and he was dismissed for gross misconduct however reinstated on appeal. he was later made redundant, and the school also made referrals to Prevent (a programme for preventing radicalisation of children) and the Local Authority Designated Officer responsible for safeguarding however no action was taken on these referrals. The Claimant brought claims of religion or belief discrimination, harassment and unfair dismissal, citing interference with his freedom of belief and freedom of expression under Articles 9 and 10 of the European Convention on Human Rights. The tribunal held that the Claimant’s treatment had not been because of his beliefs, but because of his objectionable manifestation of them and the Claimant’s claim was dismissed.

https://www.gov.uk/employment-tribunal-decisions/mr-b-randall-v-trent-college-ltd-2600288-slash-2020

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 at the links below and let us know if you wish to attend.

Adult MHFA Two Day only flyer – instructor

Supporting Mental Health in the Workplace_

 MHFA England Adult Courses

1. 28/29th March 2023
2. 27/28th June 2023
3. 26/27th September 2023
4. 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

Focus On – Acclaim

Jamie Howard has prepared an article on the Late Payment of Commercial Debts (Interest) Act 1998 and how we can utilise this Act to minimise our client’s exposure to legal costs from the outset of a matter. Please find this at the below link.

Acclaim – Late Payment of Commercial Debts