In this week’s dispatch Daniel presents his second video on constructive dismissal, this time focussing when employers can be vicariously liable for the actions of their employees.

The team remains busy getting out and about with our latest venture seeing us take part in a charity walk on behalf of St George’s Crypt in Leeds.

Finally there are still places at our Mock Tribunal and please register your place by return.

This Week at Chadwick Lawrence

In recent years we have provided support to the homeless and vulnerable community in Leeds by working with St George’s Crypt. The month of October marks World Homeless Month and thought this would be a great opportunity to continue our support and raise some awareness as to homelessness in our community. On Thursday our team therefore took part in a sponsored walk around Leeds to help raise funds for the Charity.

The Media Hub

Constructive dismissal – can I be liable for the acts of my employees and third parties?

Following on from our first video on constructive dismissal, this video explores circumstances in which employers can be liable for the acts of their employees and, potentially, third parties who may come into contact with staff and behave in a manner which breaches the implied duty to maintain trust and confidence.

https://youtu.be/53QLcH8rhvI

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

Nurse made redundant as her fixed-term contract expired first

In this case two nurses, one being the claimant, were employed in similar roles, both on fixed-term contracts. The claimant was informed about the financial difficulties of the Trust and was subsequently dismissed for redundancy and told that the reason being that her fixed-term contract expired first. A redundancy consultation process began after this, which included consultation regarding the possibility of alternative employment, however it was found that this was not possible and the claimant was dismissed. The tribunal held given that she was effectively chosen for dismissal before any consultation took place, the EAT substituted a finding that she was unfairly dismissed.

https://www.gov.uk/employment-tribunal-decisions/mrs-s-mogane-v-bradford-teaching-hospitals-nhs-foundation-trust-and-karen-regan-1802857-slash-2020

Chef unfairly dismissed as he refused to bake biscuits for colleagues he disliked

A nursery chef was dismissed by his employer as he was accused of ‘snubbing’ two colleagues. He had made heart-shaped biscuits for valentines day and gave them to all of his colleagues apart from those two. The chef had also been accused of deliberately burning a cake made by some of the children and staff for one of their colleagues and subsequently threw the cake away. The chef was dismissed and brought claims against the nursery for unfair dismissal. The tribunal held that the misconduct allegations against him were ‘trivial’ and found that he was unfairly dismissed.

https://www.gov.uk/employment-tribunal-decisions/ms-j-harding-v-a-stars-nursery-and-pre-school-ltd-3200368-2017

The merits of the case can be considered when considering an extension of time in a discrimination claim

In this case, the tribunal considered whether the merits of a claim are relevant when deciding if it is just and equitable to extend the time limit for discrimination claims. A claimant had brought claims of race discrimination that were out of time and the tribunal had rejected the claimants application for an extension of time, basing this decision partly on the weak merits of the claim. The claimant appealed the use of merits in this decision which led to this consideration by the tribunal. The tribunal held that it was not an irrelevant consideration and gave specific instructions when considering this, including that they approach the issue with caution, remains aware that they do not have all the evidence and that it identifies a particular reason to support the assessment of merits.

https://www.gov.uk/employment-appeal-tribunal-decisions/miss-n-kumari-v-greater-manchester-mental-health-nhs-foundation-trust-2022-eat-132

Dates for the Diary

Mock Tribunal – What’s Your Verdict?

When? Monday 14^th November 2022

Where? Weetwood Hall Estate, Otley Road, Weetwood, Leeds LS16 5PS

Time? 8.30am registration, 9am start

This interactive seminar will involve a mock trial based on a fictional employment tribunal claim. We shall be using practising solicitors and barristers to ensure the event provides a very realistic view of the tribunal process with you, the audience, acting as the ‘jury.’ Further details to follow shortly.