News & insights
Failure to take reasonably practicable measures to control COVID-19
Following the death of an employee in January 2021, who had tested positive for COVID-19, the Health and Safety Executive (HSE) has recently fined Burnley College for failing to ensure, so far as reasonably practicable, the health and safety and welfare of its staff during the COVID-19 pandemic. The HSE investigated the circumstances surrounding the […]
Read MoreCharities call for menstrual leave for severe pain
Following approval by the Spanish government of a draft Bill, which would allow those with painful periods to have three days off a month, charities have called on the UK to introduce menstruation leave. Studies estimate that four in five women experience menstrual pain. According to the UK charity, Bloody Good Period, 73% of those […]
Read MoreRedundancy and selection criteria
The recent case of Mrs G Long v British Gas Trading Limited (British Gas) highlights the importance of ensuring fair selection criteria in a redundancy process. Mrs Long worked as a solicitor for British Gas from January 2012 until July 2019. She started maternity leave in May 2016, returning to work in September 2017 on a part-time basis. […]
Read MoreMan referred to as ‘bald’ at work wins harassment case
The recent case of Mr A Finn v The British Bung Manufacturing Company Limited highlights the importance of ensuring that claims of harassment are properly investigated and that wrongdoers are held to account. Mr Finn was employed by The British Bung Manufacturing Company Limited as an electrician between September 1997 and May 2021, when he […]
Read MoreCOVID-19 and unfair dismissal
Back in April 2021, we reported on the case of Mr D Rodgers v Leeds Laser Cutting Limited. The case raised some interesting points regarding an employer’s duty to ensure a safe working environment during the COVID-19 pandemic and the circumstances where an employer may be liable for an automatically unfair dismissal claim. Refused to attend […]
Read MoreIndirect discrimination on the grounds of religious belief
Can the issuing of a final written warning amount to indirect discrimination on the ground of religious belief? The case of Rev. Keith Walters v The Active Learning Trust Ltd and Davies highlights that a written warning can amount to indirect discrimination if it was not a proportionate means of achieving a legitimate aim, despite […]
Read MoreData protection and COVID-19 updated guidance
Following the relaxation of government measures, the Information Commissioner’s Office (ICO) has set out guidance for organisations to consider relating to the use of personal information. The ICO advises organisations to review their practices, in order to decide whether the information they have been collecting is still necessary. The questions the ICO recommends asking are: […]
Read MoreDisability discrimination
The following case considers the obligation to provide reasonable adjustments when the school was not informed the employee was disabled. Mr Trotman was employed by the Romero Multi-Academy Company as a teacher from 4 June 2018. He had experienced problems with his eyes since birth and had undergone surgery on various occasions. However, in a pre-employment questionnaire, […]
Read MoreFreedom of information decision notice
This recent case (Decision Notice against Batley Grammar School) sets out the obligations on a public authority when a freedom of information (FOI) request is made. On 14 December 2021, the complainant requested the minutes of governors, committee, and academy member meetings for the school from September 2018 to present. The complainant wrote to the school […]
Read MoreBreastfeeding mother wins harassment case
The recent case of Ms T Mellor v The MFG Academies Trust highlights the importance of providing suitable provision and support to enable mothers to breastfeed at work. Ms Mellor was employed by The MFG Academies Trust (the trust) and worked at Mirfield Free Grammar School (the school) as a teacher of Citizenship. Her claims […]
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