We have prepared a video on two interesting case law decisions coming out of the Employment Tribunal. Both are unfair dismissal cases and relate organisations responses to the pandemic and particular the requirement to return to work. Click for the link to the video here

If you have any queries about the matters discussed in this video, please email employmenthub@chadlaw.co.uk for help and advice.

The Employment tribunal is to decide on whether postmasters are workers

More than 100 postmasters and sub-postmasters are bringing an employment tribunal claim again the Post Office, arguing that they should be classed as “workers” under the Employment Rights Act 1996 and entitled to paid holiday, pension rights and sick pay.

https://www.ft.com/content/62376c28-8284-40d7-9573-4e48769ce2cd

Employee wins claim for discrimination for listening to music

A Civil Servant has won a discrimination claim after she was told by her manager that she wasn’t allowed to listen to music through headphones at work. It had been previously agreed that the worker could listen to music as it assisted to relieve anxiety, but this was challenged by another manager later on.

https://assets.publishing.service.gov.uk/media/60bded7de90e07438ee57411/M_Hanif_v_Department_for_Work_and_Pensions_2500446-19___other_Reserved.pdf

Employee unfairly dismissed after been seen drinking whilst on sick leave

An employee was on sickness absence leave due to chronic obstructive pulmonary disease. During his period of absence, the employee was seen smoking and drinking alcohol by his manager at a local social club. After initially denying being at the social club, the employee was dismissed for breach of trust and dishonesty. The employment tribunal later found the dismissal to be unfair as there was nothing in the company’s disciplinary procedure prohibiting the employee from acting this way.

https://www.gov.uk/employment-tribunal-decisions/mr-c-kane-v-debmat-surfacing-ltd-2501862-slash-2020