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Flight attendant discriminated against following brain tumour

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Employers have been reminded of their duty to make reasonable adjustments after an airline was found guilty of discrimination because it failed to reassign a flight attendant into a ground-based role following a brain tumour.

A London ET unanimously ruled that Ryanair discriminated against and constructively dismissed Margita Dworak as a consequence of its “ongoing discriminatory treatment” in relation to her disability. It found the employer repeatedly ignored requests by Dworak for reasonable adjustments and reassignment to ground-based roles, and said that asking her to apply for suitable roles through an open, standard recruitment process amounted to “not making any adjustments whatsoever”.

Judge Tobin said the failure to provide Dworak with alternative work or adjust a role to accomodate her disability amounted to disability discrimination, and that Dworak’s resignation was not “because of her illness, nor did she resign for any other reason than [Ryanair’s] intentional and continuous failure to provide her with work”.

https://www.peoplemanagement.co.uk/news/articles/flight-attendant-discriminated-against-following-brain-tumour

Turning job share into full-time role was unfair, tribunal rules

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An employee with a job share arrangement was unfairly dismissed and suffered indirect sex discrimination after her employer attempted to change her role to a full-time position, a Sheffield ET tribunal ruled.

Capita Customer Management Services indirectly discriminated against Mrs J McBride, who was employed on a permanent part-time basis, after it failed to provide evidence when it made her job full time that doing so would ensure the role worked most effectively.

Instead, employment judge Robert Little said it appeared to the tribunal that Capita “endeavoured to distance itself from the part-time/full-time dichotomy”, and that a reasonable employer would have fully tested if a part-time or job share arrangement could fulfil the requirements of the role.

https://www.peoplemanagement.co.uk/news/articles/employee-unfairly-dismissed-after-job-share-turned-into-full-time-role

GP manager unfairly dismissed after allegedly awarding herself unauthorised pay rise

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A manager at a GP practice was unfairly dismissed following allegations that she and her mother handed themselves unauthorised pay rises, an ET has ruled.

Sareet Sidhu was dismissed for gross misconduct over allegations of theft of money, removing cash from the practice, failing to follow management instructions and increasing her own pay from £24,000 to £97,000 without authorisation or justification. But the Watford ET ruled that Sidhu’s employer – Allenby Clinic/Northolt Family Practice in west London – failed to carry out a proper investigation because Sidhu was not given the opportunity to participate.

It added that Sidhu’s dismissal for increasing her salary would have been fair if a proper investigation had been conducted. Sidhu’s mother’s claims are being heard separately.

https://www.peoplemanagement.co.uk/news/articles/gp-manager-unfairly-dismissed-alleged-unauthorised-pay-rise-tribunal

Nurse unfairly dismissed following stress-induced sick leave

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A senior cancer care nurse was unfairly dismissed from his job in the NHS, and unlawfully discriminated against because of disability, an employment tribunal (ET) has ruled.

The Aberdeen tribunal found Mr J Horn – who developed a depressive illness in 2016 after feeling stressed at work during a period of staffing shortages – was unfairly dismissed on health grounds after he began a phased return to work following a long period of sick leave. It said his employer, the Grampian Health Board, dealt with the issue in an “insensitive and unreasonable” manner.

The ET found the health board made no consideration of Horn’s disability status during the process of dismissing him, which amounted to discrimination on the grounds of disability.

https://www.peoplemanagement.co.uk/news/articles/NHS-nurse-unfairly-dismissed-following-stress-induced-sick-leave-tribunal

 

Updates

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Itemised Payslips

There is now a right for all workers to be provided with an itemised pay statement and the ability to enforce this right at an employment tribunal containing the number of hours paid for, where a worker is paid hourly.

 

Grandparental leave. Despite government announcements of plans to extend shared parental leave and pay to working grandparents by 2018, further development is still awaited.

 

Abolition of the “Swedish derogation”. The draft Agency Workers (Amendment) Regulations 2019, which are due to come into force on 6 April 2020, will remove the Swedish derogation from the Agency Workers Regulations 2010 to give agency workers a right to pay parity with direct employees after 12 weeks. These measures were introduced by the Good Work Plan

 

The Parental Bereavement (Leave and Pay) Act 2018 is expected to come into effect in April 2020. Under the new legislation, which received Royal Assent on 13 September 2018, all employed parents will be entitled to a day-one right to two weeks’ leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy.

 

Veganism

Later this month the employment tribunal is due to make a long-awaited preliminary hearing decision in Casamitjana v League Against Cruel Sports on whether ethical veganism is a protected belief under the Equality Act 2010 (EqA 2010).

 

Failure to give statement of particulars of employment

Under section 1 of the Employment Rights Act 1996 (ERA 1996), employers must provide employees whose employment is to continue for more than one month with a written statement of certain terms of their employment (contract).  At present this must be given within 8 weeks of start however may change to ‘immediately’.  Failure to do so may lead to a claim of 2-4 weeks pay!

Employment (Allocation of Tips) Bill

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During the Queen’s Speech on Monday 14thOctober 2019 the government announced plans to introduce a new law which will force employers to pass on all gratuities in full and to share fairly any pooled tips. Employment (Allocation of Tips) Bill, it also introduces a Code of Practice for restaurants, bars and cafes to make their systems transparent.  The Bill will enforce the requirement for employers to pass all tips to their employees.

Date TBC.

Claim for religious discrimination and harassment lost by Christian Dr.

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Dr David Mackereth, a contract worker at the DWP’s assessment centre refused to refer to transgender claimants by their preferred name, gender pronoun and title. He made comment “if you have a man six feet tall with a beard, who says he wants to be addressed as ‘she’ and ‘Mrs’; would you do that?”

 

Dr Mackereth claimed that doing what he was requested to do was at odds with his Christian faith and he would not be able to do so in good conscience.

 

The ET found his objection was “incompatible with human dignity” and any refusal to refer to a transgender person by their relevant pronouns would constitute unlawful discrimination or harassment under the Equality Act.

 

“What this case concerned is whether he was entitled to manifest those beliefs in the circumstances that applied here. He accepted that his beliefs meant that insofar as a service user was a transgender individual within the meaning of the Equality Act, that whilst he did not wish them to, his actions would cause offence and potentially breach the Equality Act.

 

“We find that if the service user also held a full gender recognition certificate Dr Mackereth’s position was that he would also potentially breach the Gender Recognition Act for the reasons we give above.”

 

Dr Mackereth intends to appeal the decision.

We are hiring!

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We are hiring!

 

Have you got excellent communication skills and a proven track record in telesales, and are you motivated by money? If so, Elcons are keen to speak with you.

 

We are currently recruiting for the position of a tele appointer to complement our existing team. This role is permanent part time Monday to Thursday 8.30am until 5.00pm as is based in our head office in Ripponden. Free parking available.

 

Salary is basic £20,000 per annum pro rata with uncapped commission.

 

Full benefits can be discussed on application.

 

For a copy of the job description and application form or even a chat, please contact Johanna McMillan Peel (HR and Operations Director) on 01422 822842 or johannam@elcons.co.uk

 

Strictly no agencies. Please note, we are an Equal Opportunities employer.

 

Closing date for all applications is 18th October 2019.

An interesting case: Unfair dismissal – disability discrimination

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Mr Gordon Fleming, former employee of East of England Ambulance Service NHS Trust has been awarded £92,000.

Mr Fleming suffered a heart attack and was subsequently diagnosed with an anxiety-depression disorder. After attending “a hostile welfare meeting” in which the employer expressed concern for Mr Fleming returning to work, symptoms of anxiety were heightened and the Claimant was readmitted to hospital.  He wrote to his employer expressing concern over his perceived lack of support and expressing that his inability to return to work had led him to consider suicide. After a prolonged period of absence, the Claimant was dismissed for failing to attend an Occupational Health appointment and failing to attend a disciplinary without good reason.  However, evidence was presented at the Tribunal that when attending a prior meeting during the period of absence, a panel member had made a comment about the Claimant regarding the panel member “pummelling it into him with my fists”.  This had been a factor in Mr Flemings failure to attend a further disciplinary and had impacted his health condition and anger towards his employer.

The case judgement makes an interesting read…

https://assets.publishing.service.gov.uk/media/5d765264e5274a27cefd499d/Mr_G_Fleming_v_East_of_England_Ambulance_Service_NHS_Trust_-__3400184-2016_FMH_Judgment.pdf