Office meltdowns are the primary focus of this week’s MMD. Daniel has prepared a video on the employment law impacts of an office meltdown and the protections afforded under the Equality Act.

In addition, our case law update has a procedural focus, looking amongst other things at the impact of failing to properly particularise an ET claim.

Our guest contribution this week comes for our Commercial Team focussing on their Link retainer package.

 The Media Hub

Office Meltdowns – Impact of the Equality Act

This video examines case law surrounding unfavourable treatment arising from a disability, a protection afforded by the Equality Act. We consider when it might be right for an employer to act on misconduct matters, even where an employee’s medical condition may have impacted on their behaviour. 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.

It was an error of law to strike out an entire claim when only parts of it were not properly particularised

The Claimant worked as a Clinical Research Sister and submitted claims for disability and race discrimination. For the disability claim, it was unclear which provisions of the Equality Act were relied on and a subsequent order for further particulars was made on 27^th February 2019. The tribunal refused the first unless order and once the second unless order was made on 13^th September, the tribunal advise that Claimant that should they not provide the information, strike out would be considered. The Respondent made a successful third application on 7^th January 2020 which meant the applicant had 42 days to comply. The Judge at the tribunal made an Unless Order on 27^th May 2020 stating it was clear that the Claimant was struggling to understand what was required of her however that this was simply a part of the tribunal process. The entirety of the claim was eventually struck out however the EAT held that the tribunal should have only struck out the claims which were non-compliant and allowed others.

https://www.gov.uk/employment-appeal-tribunal-decisions/ms-a-mohammed-v-guys-and-st-thomas-nhs-foundation-trust-2023-eat-16

The Claimant’s mental health condition did not explain her very delayed appeal

The Employment Appeal Tribunal Rules 1993 provide that the deadline to appeal is 42 days. The Claimant in this case submitted an appeal against the EAT decision to refuse an extension, however the appeal was submitted 675 days out of time. The Claimant claimed that she had depression and anxiety that impaired her during the 675 days, which was supported by medical evidence. Although the EAT accepted this, they did not find that the health condition explained or excused the failure to institute the appeal or the entirety of the delay. They also took into account that in correspondence, the claimant was able to identify and articulate her legal complaints and the appeal was therefore dismissed.

https://www.gov.uk/employment-appeal-tribunal-decisions/miss-s-palihakkara-v-the-english-sport-council-2023-eat-27

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 attached to this email and let us know if you wish to attend.

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor

 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 – CoCo

It has been a year since the Corporate and Commercial team launched ‘LINK’, their commercial retainer package! Please find attached a flyer outlining the services they offer.

LINK