An employment law heavy MMD this week. Daniel has prepared a video looking forward to upcoming legislation that will soon receive Royal Assent giving his take on the changes and how they will impact businesses.

In The News we have three updates from the ET covering issues such as holiday pay, discrimination, and cost orders.

Finally, the guest contribution this week comes from Andy Dickinson in our Property Litigation Team.

The Media Hub

New employment legislation on the way

Three different pieces of legislation have received Royal Assent, covering unpaid carers’ leave, neonatal pay and leave, and extended redundancy protection for mothers taking maternity leave. This video explores the changes in further detail.

To watch this video, please click here.

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

Unreasonable and abusive conduct resulted in costs order

In the case of Mrs B Parmar v Leicester City Council 2601134/2021, the tribunal ordered the Claimant to pay costs after it was found that the conduct of the Claimant and her representative was ‘unreasonable and on occasion abusive’. The Claimant, Mrs B Parmar, resigned from the Respondent, Leicester City Council in 2018 and submitted claims for constructive unfair dismissal, direct race discrimination harassment and victimisation. The Claimant was represented by Mr G Blakey, wo described himself as a retired solicitor. During the cross examination of witnesses the Claimant’s representative made snoring noises which the judge stated was ‘frankly the most outrageous conduct’

The Respondent applied for costs against the Claimant for failure to comply with orders, repeated requests for adjournments and postponements without good cause, and the manner in which Mr Blakey conducted the cross examination. The tribunal granted to costs order of £20,000 against the Claimant.

https://www.gov.uk/employment-tribunal-decisions/ms-p-anning-v-pearson-education-ltd-2205580-slash-2022

Discrimination by not offering opportunities to pass examinations

The Employment Appeal Tribunal held that the Claimant was not discriminated against by not being offered two opportunities to pass examinations in the case of Davda v Institute and Faculty of Actuaries [2023] EAT 63. The Claimant, a British student was not allowed more than one attempt to pass an exam whereas the corresponding institute allowed more opportunities for the equivalent exams.

The Tribunal initially upheld the Claimant’s claims for direct and indirect discrimination due to race. However, the EAT held that this did not amount to discrimination as the treatment was not determined by the Respondent but by the Indian Actuarial Institute membership and this did not correspond with Nationality.

https://www.gov.uk/employment-appeal-tribunal-decisions/the-institute-and-faculty-of-actuaries-v-mr-r-davda-2023-eat-63

Holiday pay on termination

In the case of Mr S Connor v Chief Constable of West Yorkshire Police [2023] EAT 42 it was held an agreement reducing an employee’s holiday pay on termination below requirement under the Working Time Regulations 1998 were not enforceable.

The Claimant, Mr Connor, was employed by the West Yorkshire police in which his contract stated that on termination of his employment his entitlement would be calculated by reference to 1/365 of his annual salary. However, this resulted in a lower payment for the Claimant. Initially the tribunal held that this calculation was correct and the Claimant suffered no detriment, however the Employment Appeal Tribunal disagreed stating that the Claimant cannot receive lower than is set out in the Working Time Regulations 1998.

https://www.gov.uk/employment-appeal-tribunal-decisions/mr-s-connor-v-chief-constable-of-the-south-yorkshire-police-2023-eat-42

Focus On – CPS

This week, Andrew Dickinson from our Property Litigation team, has prepared an article on Unjust Enrichment. Please find this article below.

Unjust Enrichment

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