Happy new year from the team at the MMD.

We are back with our usual updates in Employment, HR, and Regulatory Law. On the podcast we focus on maternity discrimination and data protection issues whilst Daniel has prepared a video on whether ex-gratia payments can be paid without a settlement agreement.

We have had a number of requests for commentary on the changes on the calculation on holiday pay and Abi has created a helpful article below.

There are still places at our next seminar on the 24 January 2024 at Wakefield Trinity and it will be great to see some of you there.

THE MMD PODCAST

Episode 12 – New Year. Same Podcast.

Join Sam and Nils for the first podcast of 2024 where they will be discussing an Employment Tribunal case for maternity discrimination and providing updates on Data Protection and holiday pay.

https://spoti.fi/47zEIzc

Ask the experts

If you have any questions that you would like answering on the podcast, please email mmd@chadlaw.co.uk

THE MEDIA HUB

Can I make a tax-free payment to an employee without a settlement agreement?

This video examines whether or not an employer can make a termination payment to an employee – outside of any contractual liability – without the need to enter into a formal settlement agreement, and the disadvantages of doing so.

Click here.

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

Maths teacher sacked after telling a female pupil “you’re an angel”

In this recent case, the Claimant was a maths teacher who had been found to have sent 50 emails to three female pupils containing inappropriate comments. In particular, the Claimant told one girl that he wanted to ‘touch her leg’ and that he ‘loved her.’ In addition, he had gifted the girl poems and chocolates before showing her special treatment by giving her access to a maths assessment before anyone else.

After the pupil had complained, the investigation found proof of these emails and exchanges and the Claimant was subsequently dismissed for gross misconduct. He brought tribunal proceedings for unfair dismissal however this was thrown out as the judge stated that the Claimant “did not appreciate the boundaries that should exist between teacher and student.”

Rajja_vs_Summit_Learning_Trust-1309427.22_Judgment___Reasons.pdf (publishing.service.gov.uk)

Marketer who had baby ‘at wrong time’ wins tribunal

The Claimant had worked for the Company as a marketing communications manager in social media since 2019 and was on maternity leave in March 2022 when she was informed about an organisational restructure. During a meeting with the director of marketing, she was told that her substantive role in social media was safe, but that the head of marketing services role no longer existed. A new, more senior, “social lead” role was on the proposed new organisational structure. The Claimant raised concerns about this role because she felt it would be similar to her position however was told that she “had a baby at the wrong time.” When confronted about this comment, the director of marketing didn’t recall making this comment, but if he had he said it “would have been as part of a human conversation rather than a professional one, it would’ve been part of a joke”. The new role was filled by another employee, and the Claimant raised concerns that the role effectively matched her previous role.

Whilst still on maternity leave, the Claimant told her line manager that she was considering condensed working hours, however as told that she would have to return to work for three months before she could request a new working arrangement. The Claimant then raised a formal grievance about maternity discrimination which was dismissed by the Company, in addition to a subsequent grievance about alleged bullying and victimisation.

The Claimant brought tribunal proceedings for maternity discrimination whereby the tribunal judge found that the claimant’s maternity leave had a significant influence on her employer’s actions and that she had suffered unfavourable treatment relating to her maternity leave.

Ms H Yongo v The Association of Chartered Certified Accountants: 2208837/2022 – GOV.UK (www.gov.uk)

UPCOMING CHANGES TO HOLIDAY PAY

There are a number of new laws coming into effect on the topic of holiday pay. These changes will apply to leave years starting on or after 1 April 2024 and, for workplaces that run their leave years from 1 January, these changes will come into effect on 1 January 2025. Abigail Capstick in our Employment Department has put together a newsletter on the changes to come into effect.  If you have any questions or concerns, please do not hesitate to contact a member of the employment team.

Holiday Reform

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!

JOIN US FOR OUR MENTAL HEALTH AWARENESS SESSIONS

Through our relationship with Tailored Learning Solutions who provide mental health first aid courses in our business, we are now able to announce that we are running multiple courses at our Wakefield office including the following:

Mental Health First Aid (2 day course)

• 24/25th April
• 26/27th June
• 25/26th Sept

Mental Health First Aid – Refresher (1/2 day workshop)

• 24th September

Suicide First Aid – LITE (1/2 day workshop)

• 25th June

Suicide First Aid – Understanding Suicide Intervention (1 day workshop)

• 25th November

Mental Health for Managers Workshop (1 day workshop)

• 26th April
• 14th October

The details of these sessions can be found at the Tailored Learning Solutions website: https://www.tailoredlearningsolutions.co.uk/book-online?category=all-services

If you would like further information and details of the cost for these events, please email carolgledhill@chadlaw.co.uk