In this week’s MMD we have the usual updates from the podcast, media hub and by our guest contributors.

THE MMD PODCAST

Episode 24: Context is King

 Join Sam and Nils this week as they review an Employment Tribunal case of Sutcliffe -v- Freight Systems Express Wales Ltd where context is King.  They also discuss the six month time limit for bringing summary only prosecutions in relation to fixed penalty notices.

https://spoti.fi/4auUZYj

THE MEDIA HUB

Searching for the truth

This video explores the position in relation to searches of an employee’s personal property, considering contractual requirements and the impact of a refusal to consent to a search.

Click here.

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

Vento Bands 2024 – Annual Update

The 2024 annual update to the Vento guidelines (which give ranges for injury to feelings awards in discrimination cases, depending on severity) have been published.

In respect of claims presented on or after 6 April 2024, the Vento bands are:

• a lower band of £1,200 to £11,700 (less serious cases);
• a middle band of £11,700 to £35,200 (cases that do not merit an award in the upper band); and,
• an upper band of £35,200 to £58,700 (the most serious cases), with the most exceptional cases capable of exceeding £58,700.

Requiring a female London Underground driver to work on Saturdays is not sex discrimination

The Claimant worked for the London Underground since 2001. Her partner is a bus driver and is required to work every weekend. The Claimant became a mother in 2013 and asked to have Saturdays off to look after her child. Drivers on the London Underground are usually required to work weekends, often on longer shifts than weekdays, however the drivers do run a syndicate where they are able to swap shifts with other colleagues if their preferences align. The Claimant’s flexible working request in 2013 was declined, but a temporary agreement was reached with the depot in which her rest day was scheduled for every other Saturday. She was told the alternate Saturday shifts could be arranged through the syndicate. If the syndicate could not facilitate a Saturday off for her, the depot would swap that week’s Saturday shift with one of her other rest days. This agreement remained in place for 10 years however was never written into her employment contract. In December 2020, the Claimant was told that the agreement would be terminated, however appealed, and stated that this was a flexible working arrangement and was therefore a permanent change. Her appeal was rejected due to staffing issues on Saturdays, however extended the temporary agreement to 15 May 2021 to allow her time to find alternative childcare arrangements. Following the appeal, the Claimant raised a formal flexible working request which was later rejected. She subsequently raised a bullying and harassment complaint alleging that she was being discriminated against because of her sex. She submitted an employment tribunal claim alleging that she had suffered direct and indirect sex discrimination, victimisation, and that the company had failed to deal with her flexible working application. The tribunal dismissed her claims as the organisation needed to ensure adequate staff were in place and that it balanced the rights and needs of the workforce, however did recognise that “women are at a particular disadvantage in comparison to men because of the accepted greater responsibility for childcare on women.”

https://www.gov.uk/employment-tribunal-decisions/ms-n-jones-v-london-underground-ltd-3205969-slash-2021

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!

OTHER SERVICES

This week, Oliver Newton from our Complete Property Solutions department has prepared an article on a Right of Way.  For further information on this matter, please contact us and we will put you in touch with Oliver.

Changing a Right of Way April 24

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 (FULLY BOOKED)
• 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