This week’s video discussed the most common regulatory errors that we have seen businesses make during the summer so far and how to avoid them.

Click here to view the recording.

Our Spring/Summer seminar programme has come to an end. However, we are in the process of planning and scheduling our new seminar programme which will restart in August 2022.

We are open to ideas on what topics we present, therefore if there is a specific employment related topic that you as a company consider would benefit from please let us know.

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

ACAS Uplift application

In the case of Rentplus UK Ltd v Coulson [2022] the EAT held that the Employment tribunal did not err in applying an uplift to the Claimant’s compensatory award for the Respondent failing to comply with the ACAS code of practice in relation to Disciplinaries and Grievances.

Mr Coulson was dismissed by reason of redundancy after a reorganisation exercise at Rentplus. The employment tribunal found that the redundancy situation was a sham and the decision to dismiss had taken place before the consultation meetings. In deciding this, the tribunal applied a 25% uplift to the Claimant’s compensatory award.

The Respondent appealed to the EAT who rejected the appeal and found that the uplift was just and equitable due to the redundancy process being a sham and “nothing that the claimant said could possibly make a difference”

https://assets.publishing.service.gov.uk/media/62907f52e90e07039d294820/Rentplus_UK_Ltd_v_Ms_Susan_Coulson__2022__EAT_81.pdf

Christian doctor’s belief about transgenderism

In 2019, Dr David Mackereth lost his employment tribunal claim for religious discrimination and harassment after he was dismissed for refusing to use a patients prefer pro-noun. Dr Mackereth appealed to the EAT that his personal views on gender constituted a philosophical belief under the Equality Act 2010.

In the EAT judgement it held that Dr Mackereth’s belief was protected under the Equality Act 2010. However his belief could be deemed offensive. It was further stated that the tribunal did not err in finding that that the Respondent’s measures were necessary and proportionate to meet a legitimate aim on the needs of potentially vulnerable service users.

https://christianconcern.com/wp-content/uploads/2018/10/CC-Resource-Judgment-David-Mackereth-Employment-Appeal-Tribunal-220629.pdf

Redundancies and consultations

In the case of Osinuga v BPP University Ltd Legal Team [2022] EAT 53 the EAT found that the tribunal had erred by not considering whether the employer had carried out a reasonable consultation.

Mrs Osinuga was dismissed by reason of redundancy as a result of a restricting exercise. The EAT found that the tribunal had not erred in deciding that there was a redundancy situation, however it had erred in not considering whether the employer had carried out a reasonable investigation, adopted a fair selection criteria and take reasonable steps to seek alternative employment. The case has now been remitted to the tribunal to reconsider these issues.

https://assets.publishing.service.gov.uk/media/62b1bc88e90e0765cdf62dba/Mrs_Bukola_Osinuga_v_BPP_University_Ltd_Legal_Team_2022__EAT_53.pdf

Whilst our primary aim is to bring you the latest updates on issues and changes in employment law and HR, we understand that businesses have other requirements from time to time and would like to take this opportunity to remind you that our firm offer other services that can support you:

Chadwick Lawrence has significant expertise in advising individuals, companies and institutions who find themselves in a situation where they have been subjected to adverse online activity. When they find themselves in these situations, they need fast and reliable legal advice.

Media Law And Reputation 

The Team’s expertise covers advice in respect of defamation (whether this is slander or libel), privacy breaches of confidence, data protection and harassment.

Often, the team at Chadwick Lawrence work with a number of third party organisations, adopting an all-round approach to resolving disputes.

The team at Chadwick Lawrence also have experience of advising individuals and organisations in respect of pre-publication material, carrying out risk assessment analysis, prior to publication of material that may expose the publisher to some form of adverse legal action. We are able to advise both pre or post publication of material, regardless of platform.

The Team 

The Media Law Team at Chadwick Lawrence is led by Asma Iqbal and Joshua Smith, who both have significant high level litigation experience, meaning that the team is able to effectively advise clients at both the pre-litigation stage and also at the Court proceedings stage, should it be necessary to issue formal Court proceedings.

The team prides itself on offering a bespoke service to each client and testimonials provided to the team state that their approach is discreet, personal and commercially focused.

Aside from the strong legal experience that the team has, the team prides itself on adopting a client centred approach to resolving disputes. Client’s objectives are assessed and managed from an early point in time and they are also always in control of their legal spend. Chadwick Lawrence has experience of working with third party funders to explore alternative methods of funding, as well as exploring conditional fee agreement funding methods (CFAs). Not every case is suitable for these types of funding but the team at Chadwick Lawrence are able to explore this with you, them having the appropriate connections to allow this to happen.

Clients are provided with pricing options at the outset and continually throughout matters, so that you are always in control of your legal spend. An innovative approach is taken to pricing, thereby allowing clients to choose the best method of funding, applicable to their circumstances.

The team commits to speaking to clients in plain English, in a language that they can understand. Clients expect law firms to be able to act within the law, but the team at Chadwick Lawrence believe that what sets them apart, is their ability to effectively manage client relations, at what can be a very serious stage in either an individual’s life or indeed during the lifecycle of a company.

Get in touch to see how we can advise you today: info@chadwicklawrence.co.uk or 0800 015 0340.

Please visit our website for details of all services we provide https://www.chadwicklawrence.co.uk