This week’s MMD sees the return of the video updates after a quick summer break.

Daniel has prepared a video exploring the risk of employers taking zero-tolerance approaches to matters of misconduct.

In the news we review the right to predictable working hours receiving royal assent whilst the guest contribution comes from our Corporate team.

Finally, there is still time to register for our Mock Tribunal event although places are running out fast.

The Media Hub

Beyond zero tolerance – a recent Employment Tribunal case has highlighted the risk of employers taking a zero-tolerance approach to matters of misconduct. It is vital that employers complete a reasonable investigation and properly consider issues of mitigation and proportionality before taking the decision to dismiss. This video picks up the case in greater detail.

To watch this video, please click here.

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

Right to predictable working hours receives Royal Assent

The Workers (Predictable Terms and Conditions) Act 2023 has passed through the House of Lords. When enacted, it will give people in atypical work, such as zero-hours or temporary contracts, the right to request a more predictable working pattern. This right will function in a similar way to the right to make a flexible working request. Employers will be able to refuse a request based on one of six statutory grounds: additional cost, ability to meet customer demand, impact on recruitment, impact on other areas of the business, insufficiency of work during the proposed periods, and planned structural changes.

https://bills.parliament.uk/publications/50563/documents/3217

Solicitor’s disability and sex discrimination claims thrown out.

The Claimant was dismissed in September 2022. The firm said that the reason for this was one of redundancy as it had decided to close down the department. The Claimant however, stated that her dismissal was unfair, an act of direct race discrimination and that she had suffered victimisation. She also brought a number of disability related claims along with complaints of non-payment of historic bonuses. The Claimant alleged that she had been diagnosed with anxiety and depression in 2019 and 2022, and that she was disabled for the purposes of the Equality Act 2010. However, these disability claims were dismissed as she had never received diagnosis from a medically qualified doctor. The judge also held that the Claimant had not suffered from work-related stress as the solicitor had claimed. The non-payment of bonuses were limited to the years of 2017/18 and 2018/19, which the judge ruled were significantly out of time and there were ‘no just and equitable grounds to extend time to allow the claims to be heard.’

https://www.gov.uk/employment-tribunal-decisions/mrs-j-ward-v-sternberg-reed-llp-3205464-slash-2022

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!

Focus On – COCO

This week, Gaia Hinchliffe from our CoCo department has prepared an article on legal charges.

Should you require any of our services, please do not hesitate to get in contact with us and we would be happy to help.

CoCo MMD September 2023