In this week’s MMD we delve into variety of employment/regulatory topics. On the Podcast we discuss reasonable adjustments, special reasons in motoring offences and we debate balancing data protection and disclosure entitlements within a redundancy procedure.

Daniel has prepared a video on offering ex gratia payments outside of settlement agreements.

Finally, we again link our article on Holiday Pay updates.

THE MMD PODCAST

Episode 13 – Boom or Bust!

Join Sam and Nils this week as they discuss appropriate facilities for female workers, special reasons relating to motoring offences and the reasonableness of disclosing scores in a redundancy process.

https://spoti.fi/4aXRVVc

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.

Wetherspoons barman sacked for telling lesbian colleague ‘God will forgive’ her for her sexuality

The Claimant was an autistic Christian man who was dismissed for gross misconduct after telling his colleague that ‘God would forgive’ her for her sexuality, and made negative comments about gay pride on the weekend that it was taking place. When his comments were reported to his bosses, they went on to discover that the Claimant had also been making posts on Facebook comparing the Black Lives Matter movement to a Marxist terrorist organisation, and further discriminatory comments about Islam. Following his dismissal, the Claimant sought tribunal proceedings claiming that he had been discriminated against because ‘we should live in a democratic society where people can speak and make choices freely’. However, the Claimant withdrew his religious discrimination claim halfway through proceedings which left his disciplinary discrimination claim to be decided. The tribunal judge dismissed his claim, stating that homophobic insults cannot be ignored because the person saying them is autistic.

https://www.gov.uk/employment-tribunal-decisions/mr-t-richardson-v-jd-wetherspoon-plc-3313748-slash-2022

Female security guard awarded £15,000 for injury to feelings after no female toilet was provided

The Claimant began working for the firm in 2019 and was the only female employee based at the site. The toilet facilities at the premises consisted of a washroom for men and an accessible toilet. The men’s washroom consisted of two urinals, two basins for washing hands, and one cubicle. The accessible toilet was a single cubicle and contained a sanitary bin. Although she was encouraged to use the accessible toilet, this had a faulty lock and could be opened from the outside, and was also used by male colleagues and required constant cleaning before it could be used by the Claimant. The Claimant made numerous complaints about the condition of the toilet and lack of female facilities, however the only outcome of this was a ‘Ladies’ sign that was printed out and stuck to the door of the accessible toilet. In March 2022, the Claimant raised a grievance involving sexual harassment and discrimination caused by the toilet arrangements, alleging that men were “abusing” the accessible toilet by ensuring she always had to clean it before using it herself. In response there was a promise of a lock being fitted but this did not happen until February 2023. the Claimant brought tribunal proceedings against the Company. Although an alleged unlawful deduction of wages did not succeed, the tribunal judge upheld the claim of sex discrimination regarding the toilet, noting that the “inadequacy of the facilities” had been recognised by managers themselves.

https://www.gov.uk/employment-tribunal-decisions/ms-v-abbas-v-iss-facility-services-ltd-8000146-slash-2023

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