Having A NatteRR

This week Simon and David discuss the case of Mr Bryce v Sentry Consulting Limited. The Claimant suffered with Asperger’s Syndrome and Dyslexia. As a result of his condition the Claimant’s timekeeping and ability to plan ahead were impacted. The Respondent decided not to offer more shifts to the Claimant following his lateness and performance on site, namely not monitoring the site, spending time...

This week Simon and David discuss the case of Ian Drury v Ministry of Defence. The Claimant succeeded with claims of Unfair and Wrongful Dismissal. The Claimant stated he had suspended himself and there were concerns for the Claimant’s mental ill health. The Claimant was then dismissed for gross misconduct relating to his absence without leave, irrespective of these concerns. They also discuss the...

This week Simon and David discuss the case of Mrs V Nimoni v London Borough of Croydon. They discuss the successful claims for unfair dismissal, failure to make reasonable adjustments and discrimination arising from a disability. The Claimant worked as a Travel Trainer. The Claimant later became unable to work in this role because of her disability. They discuss the Respondent’s failure to make re...

This week Simon and David discuss the case of Ms T Webb v London Underground Ltd, in which the Claimant alleged unfair dismissal and race discrimination. The Claimant’s dismissal was because of posts on social media that the Respondent determined were offensive, inflammatory, and racially divisive following the death of George Floyd, in breach of their policies and guidance. The Tribunal agreed wi...

This week Simon and David discuss the case of Earl Shilton Town Council v Ms K Miller. They discuss the Employment Appeal Tribunal judgment regarding the provision of inadequate toilet facilities for women. They discuss this in the context of the EAT finding that the Tribunal did not err in law in finding that this subjected the Claimant to direct sex discrimination. The case involved whether the...

This week in the first episode of a brand-new series, Simon and David discuss the case of Mr A Tunnicliff v Baytree Car Sales and others. They discuss the case and the findings of unfair and wrongful dismissal. They also discuss the fact that the Respondent’s main witness was away on a cruise at the time of the Hearing, meaning that no live evidence was given on behalf of the Respondent, as well a...

  This week Simon and David talk about the case of X v Y & Z, in which a female executive who was bombarded with peach emojis by her boss and was eventually awarded £420,000 after successfully claiming sex-related harassment and victimisation. We will discuss the harassment suffered by the claimant, as well as the problems the Respondent caused itself by its approach to the grievance investigation...

In this week’s case Simon and David discuss the case of Mr D Duployen v Whyte & Mackay Ltd. This week’s case reiterates the importance of properly exploring reasonable adjustments and working with an employee collaboratively to reduce the impact of their absences. They also consider how a blanket approach to absence management and trigger points will rarely be reasonable. The Tribunal in this case...

In this week’s podcast Simon and David discuss the case of Mr D Finch v Clegg Gifford & Co Ltd and S Bellamy. The Claimant brought claims of direct discrimination and harassment on age and disability grounds, discrimination arising from a disability, failure to make reasonable adjustments and victimisation. Simon and David discuss the details of the claims, noting that not all claims succeeded. Th...

This week on the podcast Simon and David discuss the case of Miss M Doran v Pearl Holdings NW Limited.  They discuss the Claimant's intermittent chronic migraines amounting to a disability and the Tribunal's finding of a failure to make reasonable adjustments by her employer.  They discuss this in the context of the Claimant's employer refusing to let the Claimant leave her shift early due to her...

This week Simon and David discuss the case of Mrs Regnante v Essex Cares Ltd. We discuss the judgment upholding the Claimant’s Constructive (Unfair) Dismissal claim relating to the Covid-19 pandemic and the Claimant requesting to work from home due to her husband’s clinically extremely vulnerable status. We discuss the Tribunal’s assessment of the employer’s decision not to allow the Claimant to c...

This week, Simon, David, and Imogen discuss the case of Miss Allen v Primark Stores Limited. We discuss the Claimant’s successful appeal to the EAT and the decision that in claims for indirect discrimination, the comparison pool should be matched to the relevant provision, criterion, or practice (PCP). The case involved the Claimant making a flexible working request and having a requirement impose...

This week, Simon, David, and Imogen discuss the case of Catriona Robinson v Mind Monmouthshire Ltd. The former employee of Mind, mental health charity, succeeded in her claims for automatic unfair dismissal (public interest disclosures), failure to make reasonable adjustments and victimisation. We discuss the issues in the case, focussing on the need to address bullying and harassment in the workp...

In the latest episode of this series, Simon, David, and Imogen discuss the case of Cassidy v Iceland Frozen Foods Ltd. The case involved the dismissal of Miss Cassidy for eating a chocolate bar and giving some to a customer, caught on CCTV, with the chocolate bar believed to be the stock of Iceland. We discuss the issues in the case, focussing on the flaws of the investigation conducted into the s...

In the third episode of this series, Simon, David, and Imogen discuss the rules on taking evidence from abroad via video conference in the Employment Tribunal.    We discuss the case of Agbabiaka, which is about the process for what you need to do if witnesses you intend to call will be out of the country, but are otherwise available and willing to give evidence virtually. We also discuss the rele...

In the second episode of our new series, Simon, David and Imogen discuss the Employment Tribunal case of Allette v Scarsdale Grange Nursing Home Ltd.   We discuss the case, including how a situation will be assessed when a mandatory vaccination requirement has been adopted by an employer before the appropriate legislation has been introduced to mandate that. We also discuss the relevance of the ca...

This week, in the first episode of the series, Simon, David and Imogen discuss the Employment Tribunal case of Ms D Fitzpatrick v The Scottish Ministers.  We discuss the issues in the case, including the Claimant's allegations that she was "restrained" by male colleagues in December 2010, as a lesson to "keep her mouth shut" after blowing the whistle about a toxic workplace culture.  The Responden...

This week, Simon, David and Imogen discuss the Employment Tribunal case of Miss A Curtis v Milltek Sport Ltd in the final episode of this year’s series. We discuss the issues in the case, focussing on the Claimant’s public interest disclosure that the Managing Director of the company was fraudulently using a company credit card. This included that he was using funds to upgrade to business class on...

This week, Simon, David, and Imogen discuss the Employment Tribunal case of Mr L Marana v University Hospitals Coventry & Warwickshire NHS Trust. We discuss the issues in the case, including the Claimant’s dismissal for gross misconduct due to his 'pattern of inappropriate and unwanted behaviour' towards a young healthcare assistant in his team. We focus on the Claimant’s claims that the allegatio...

This week, Simon, David and Imogen discuss the Employment Tribunal case of Jasmine Stunell v Leo Bancroft Salon Ltd. We discuss the issues in the case, focussing on the Claimant’s claims of age discrimination in respect of comments made to her when she was 16 years old, including ‘grow up’ and ‘pull yourself together’. We each give the others’ view on the Tribunal’s findings that the remarks compl...

This week David and Imogen discuss the Employment Tribunal case of Mrs R Malone v The Chief Constable of the Police Service of Scotland. We discuss the issues in the case, focussing on the findings of the Tribunal that there was a ‘sexist boys’ club culture’ within the armed response vehicle unit. We go on to discuss further findings that much of the witnesses’ evidence for the Police, which inclu...

This week Simon, David and Imogen discuss the Employment Appeal Tribunal (EAT) case of Moore v Phoenix Product Development Limited. We discuss the issues of the case, focusing on the Employee who was dismissed not having been afforded an appeal. The dismissal was found to be reasonable in all the circumstances and ultimately it was found that an appeal was not necessary on the facts. We discussed...

This week Simon, David and Imogen discuss the case of Lacatus v Barclays Execution Services Limited. The case had many issues, but we focus on the Tribunal’s findings that the male line manager of the female Claimant, in referring to women as “birds”, subjected the Claimant to direct sex discrimination. The Tribunal found that “the use of the phrase ‘bird’ was a misplaced use of irony which inadve...

The podcast returns this week with a brand new series of 'Having a NatteRR'! This week for the first episode, Simon, David and Imogen discuss the case of Mr David Seccombe v Reed in Partnership Ltd. They discuss the case concerning whether the Claimant had a disability and the fundamental distinction between a Claimant having a disability and the Respondent (Employer) being aware of that disabilit...

Having A NatteRR returns with a brand new episode. This week, Simon, David and Imogen discuss the case of Flatman v Essex County Council. In this case, the Employment Appeal Tribunal held that an Employment Tribunal had erred by failing to identify whether a fundamental breach of contract by an employer had occurred before the point of an employee's resignation and reaffirmed that, once committed,...