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Tribunal Tales

We give regular updates on recent Employment Tribunal cases in our Tribunal Tales articles. You can find the full list of updates below. 

Tribunal Tales

Tribunal Tales – Gary Smith v Pimlico Plumbers Limited

The Claimant was engaged as a plumbing and heating engineer from 2005 to 2011. Since he was hired as an independent contractor, he was not entitled to paid holidays. The Claimant did take some unpaid leave. When the Claimant was terminated, he made various claims to the Tribunal.

March 9, 2022

Tribunal Tales

Tribunal Tales – USDAW V Tesco

Between 2007 and 2009 Tesco was in the process of restructuring distribution centres. As part of negotiations with the USDAW union, the benefit of Retained Pay was offered to employees who were willing to relocate instead of being offered a redundancy payment.

February 17, 2022

Tribunal Tales

Tribunal Tales – C Allette v Scarsdale Grange Nursing Home Limited

The Claimant was employed as a care assistant with the Respondent from December 2007.  Her duties included attending to the personal care needs of the residents in the nursing home. The Respondent’s nursing home provides care for those suffering with dementia.

January 27, 2022

Tribunal Tales

Tribunal Tales – Case to look out for in 2022

The Claimant was employed as a music teacher at a school part time. She had a zero hour contract and did not work every week. Her contracted holiday allowance was the equivalent of 5.6 weeks. She was only permitted to take her leave outside of term time.

December 22, 2021

Tribunal Tales

Tribunal Tales – Herring v Lovric & Son

On 8 January 2018 the Claimant informed the Respondent that she was pregnant. Subsequently, on 24 February she arrived late to work as she was suffering from morning sickness. She was issued with a verbal warning. No pregnancy risk assessment took place and the Respondent’s line manager did not specifically ask the Claimant if she was able to do all aspects of her role throughout her pregnancy. The Claimant elected not to carry out the lifting of heavy objects that she had been doing previously as she was concerned about the risk to her pregnancy.

November 25, 2021

Tribunal Tales

Tribunal Tales – T King v Tesco Stores

The Claimant in this case was a Customer Assistant working in Tesco. In October 2018 the Claimant had an absence review meeting with his manager Jo Francis. He explained that he suffered from PTSD after an incident that occurred when he was held hostage while working in the Prison Service.

November 12, 2021

Tribunal Tales

Tribunal Tales – C Stott v Ralli Ltd

This case highlights the fact that a claim for discrimination arising from disability can only be made out when the employer could reasonably be expected to know that the employee in question had a disability. The Claimant in this case worked as a paralegal in a law firm. The Respondent was unhappy with her job performance and dismissed her in her probationary period. After her dismissal the Claimant got in touch with HR and complained of discrimination on the basis of her mental health.

October 29, 2021

Tribunal Tales

Tribunal Tales – Kong v Gulf International Bank (UK) Ltd

The Claimant worked at Gulf International Bank Limited as the Head of Financial Audit. She had concerns regarding a legal agreement about a new product. She presented these in a draft report that was sent to the company’s Head of Legal, Ms Harding. Ms Harding had written the agreement that the Claimant was concerned about. She disagreed with the Claimant’s assessment of the situation. The Claimant questioned her knowledge of the law and Ms Harding felt she also called into question her professional integrity.

October 19, 2021

Tribunal Tales

Tribunal Tale – Indirect sex discrimination

Alice Thompson, the Claimant, worked at a London based estate agency as a sales manager. After she announced her pregnancy there were a number of incidents which in the eyes of the Claimant amounted to a pattern of hostility.  She was absent on maternity leave from October 2018 to October 2019. On her return to work, she made an unsuccessful application for flexible working, and lodged a grievance about her treatment when pregnant; on learning both had been rejected, she resigned. She claimed pregnancy and maternity discrimination, harassment related to sex, indirect sex discrimination in respect of the flexible working request, unfair dismissal, and unlawful deduction of commission payments from wages.

September 17, 2021

Tribunal Tales

Tribunal Tale – Unfair Dismissal

K was a teacher and was subject to a police investigation regarding indecent images of children on a computer at his home address. He shared his home with his son, and they were both questioned by police. K explained this to his headteacher, and he was suspended.

July 16, 2021

Tribunal Tales

Tribunal Tale – Montanaro v Lansafe Ltd

The Claimant, Mr Montanaro, was an IT specialist who was employed by the Respondent, Lansafe Ltd, and provided services predominantly for one client. The Claimant had booked holidays to attend a family wedding in Italy in March 2020. On the first day of his annual leave Italy entered into lockdown due to coronavirus.

July 8, 2021

Tribunal Tales

Tribunal Tale – Dobson v North Cumbria Integrated Care NHS Foundation Trust

A Claimant has successfully appealed to the Employment Appeal Tribunal in a ruling that will potentially have wider implications for working mothers around the country. The Claimant was a community nurse who worked fixed days. Five years ago, her employer required staff to work flexibly, including weekends.

June 25, 2021

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Newsletter Subscription

Sign Up to the Navigator Newsletter

Stay informed with the latest changes in employment law, health & safety, hr and data protection including noteworthy cases, upcoming events and other useful articles.

We only use your details to send you our monthly newsletter along with event invitations and other useful articles. You can unsubscribe any time.

Contact Us

Get in Touch

0333 240 308

enquiries@navigatorlaw.co.uk

Floor 3
1-4 Athol Crecent
Edinburgh
EH3 8HA