Monday Morning Dispatch - 26 June 2023

The Media Hub

In this weeks’ MMD we look at the often-neglected topic of written reasons for termination and what you should do when employees have less than two years’ service.

In the news we have updates from the tribunal on victimisation and discrimination on the grounds of philosophical beliefs. This week’s guest contribution is from Kaye Willis in our litigation team.

The Media Hub

Anything to declare?

Dismissed employees with qualifying service for unfair dismissal are entitled to written reasons for the termination of their employment. But how should we approach those with less than two years’ service – is it better to say less and try to move on, or could silence create a risk to the business?

To watch this weeks’ video, please click here.

In the News

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

Part-time wife denied pay rise because of ‘high household income’

The London Central employment tribunal has reconsidered this case and awarded the Claimant an additional £3000 for victimisation. In the original tribunal hearing, the tribunal heard that the Respondent thought that a married woman could not challenge her salary if her husband is a high earner after they denied the Claimant a pay rise as her husband earned a large enough salary which meant her household income was “more than enough.” The Claimant was originally awarded £4000, however other claims for equal pay for race, sex and marital discrimination and unauthorised deductions from wages were originally dismissed. At the reconsideration hearing, the tribunal overturned the decision that the claim for victimisation was not well founded and granted her the additional award of £3000.

https://www.gov.uk/employment-tribunal-decisions/ms-p-jiang-v-james-durrans-and-sons-ltd-2206656-slash-2021

Tribunal rejects vegan care home worker’s ‘no jab, no job’ case

The Claimant was a ‘bank’ care worker for the Respondent who operated several care homes. In June 2021, the Respondent decided that it was mandatory for all staff and contractors to receive the Covid-19 vaccine, however this was later withdrawn. In August 2021, the claimant raised a grievance about “harassment and victimisation” however did not mention ethical veganism in her grievance letter. Later that month, the Respondent reinstated the requirement to be vaccinated by law and any staff up to that point who were not vaccinated would be redeployed out of direct care. In the grievance meeting, the Claimant explained that she was following a vegan diet and believed she was exempt from the vaccine and raised concerns about the efficacy of it and any potential side effects. Following this, the Claimant was referred to occupational health who found no underlying condition that would make her medically exempt from the vaccine. She was dismissed in November 2021 and brought tribunal proceedings claiming that she denied the vaccine as is an ethical vegan which should be considered a philosophical belief. Ethical veganism was found to be a philosophical belief in 2020 by a Norwich tribunal, however the tribunal in this case dismissed her claim as it did not believe that the Claimant was able to demonstrate that she genuinely held the belief other than her diet and use of products.

https://www.gov.uk/employment-tribunal-decisions/ms-t-owen-v-willow-tower-opco1-ltd-2400073-slash-2022

Focus On – Litigation

This week, Kaye Willis from our Litigation team has prepared an article on restrictive covenants. Please see the article below.

Reminder to check rights of way and covenants

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