A summary of the decision in the Employment Appeal Tribunal discrimination case of

Gan Menachem Hendon Limited v De Groen

In this episode of the podcast I cover the recent case of the Jewish nursery who dismissed an employee who refused to lie about cohabiting with her boyfriend. A case that follows the decision of the Supreme Court in the ‘Gay Cake’ case, reported previously in episode 109 of the podcast. 

In this episode I will cover:

• The basis in law for the claim.
• The facts of the case.
• A summary of the Appeal Tribunal decision.
• My thoughts on the case and why this judgement was the outcome.
• Comparison to the Gay Cake case.

Action Points

1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination;
2. Get some specific training for staff in Equality & Diversity and update regularly;
3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act;
4. Seek advice before making any decisions or embarking on potentially controversial conversations with employees, particularly if not work related.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Gan Menachem Hendon Limited v De Groen – Employment Appeal Tribunal

Lee v Ashers Baking Company Limited – Supreme Court Judgement 

Podcast Episode 109

Snow and travel disruption at work

Following the snow across much of the UK last week the issue of snow and disruption at work and the inevitable questions about employers obligations has arisen. So in this episode of the podcast I cover what you should do if employees cannot attend at work because of snow.  

In this episode I will cover the following:

• Steps you should take to prepare your business for adverse weather.
• Minimum temperatures at work.
• What employee rights are if schools are closed or there is disruption to childcare.
• Why it is important to have a policy in place to deal with snow days.
• Things to consider and options to avoid an employee losing out on pay.
• When unlawful deductions from wages may apply.
• Why it is important to get advice.
• Health and safety considerations

We can help with the relevant procedure and clause for your employment contracts to deal with snow and travel disruption. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Snow days article

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Dealing with sickness absence in the workplace

This episode of the podcast is the fourth and final part of a mini series on managing sickness absence at work and in this episode I cover some frequently asked questions and listener questions. 

In this episode I will cover answers to the following questions:

• What if an employee is sick from one job but still working in their other job?
• Do I have to wait for an employee's sick pay to run out before I can take action to dismiss them?
• I have heard that there are extra requirements if the employee's absence is caused by an accident at work?
• Can I dismiss an employee with a disability if they are off sick?
• What if the employee gets better and has a period of time with no absence but has had lots of warnings for absence in the past?
• How do you deal with a situation when an employee goes off on medium to long term sick leave just before a capability hearing at the end of a formal capability process? Can you pick back up with that capability hearing when it is no longer viable to just extend the period by the time the employee had off sick?

Action Points

1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
2. Set out from the outset the method and frequency of contact with an employee;
3. Obtain medical advice;
4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Other related podcasts:

• Episode 1 - Managing Sickness Absence: Simple steps to reduce absence
• Episode 2 - Managing Sickness Absence: Dealing with short-term absence 
• Episode 3 - Managing Sickness Absence: Dealing with long-term absence
• Disability Discrimination & Reasonable Adjustments (Episode 005)
• Obesity & Discrimination (Episode 013)
• Disability Discrimination & a Premier League Football Club (Episode 053)
• When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
• The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
• When does an employer have constructive knowledge of disability? (Episode 93)

Bradford Calculator

You can find an index of all of the podcast topics covered so far here: Podcast Index

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by Emily Morter on Unsplash

Thank you and best wishes for the festive season

This is just a short interlude between episodes 113 and 114, which are covering Managing Sickness Absence, in order to say a big thank you for your support over the last year and for listening to the podcast.

It is also to inform you that the next podcast will be back on or around the 21st January 2019 when I will be covering listener questions about sickness absence.

I also wanted to take the opportunity to remind you that as a firm of Solicitors we provide advice and assistance to Employers and Employees on all aspects of employment law and would be very happy to help you in future, just drop me an email to alison@realemploymentlawadvice.co.uk and we can set up a free, no obligation, telephone call or Skype call.

It is also a reminder that we have a fortnightly free newsletter which covers various topics and updates that are not normally covered in the podcast. For example in the last newsletter before Christmas I covered the recently announced employment law reforms, known as the 'Good Work' reforms. If you want to learn more you can read the full article here: https://adviceforemployers.co.uk/2018/12/18/government-announce-employment-law-reforms/

The next newsletter due out on the 2nd January 2019 gives a full run down of all of the articles and issues covered in newsletters in 2018 so be sure to subscribe now to get your copy:

Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.

The only data we will hold is your name and email address.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Photo by rawpixel on Unsplash

How do you manage staff who are absent long-term?

This episode of the podcast is the third part of a mini series on managing sickness absence at work and in this episode I cover what you can do to manage staff who are absent long-term due to sickness or injury, including the stages you need to go through if their absence becomes untenable. 

In this episode I will cover:

• Recognising the difficulties in having conversations with employees who are sick.
• The importance of maintaining appropriate regular contact with absent employees.
• Why you need to obtain medical reports and up to date information on the employees condition and prognosis.
• What to do when you have to start the formal process.
• The importance of considering disability and reasonable adjustments.
• When to consider adjustments for the employee.
• What to do when you reach the point of dismissal.
• What to consider if the employee is going to be absent indefinitely and/or may not return.
• How to minimise your risk of a discrimination and/or unfair dismissal claim.

Action Points

1. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
2. Set out from the outset the method and frequency of contact with an employee;
3. Obtain medical advice;
4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Disability related podcasts:

• Disability Discrimination & Reasonable Adjustments (Episode 005)
• Obesity & Discrimination (Episode 013)
• Disability Discrimination & a Premier League Football Club (Episode 053)
• When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
• The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
• When does an employer have constructive knowledge of disability? (Episode 93)

Bradford Calculator

You can find an index of all of the podcast topics covered so far here: Podcast Index

In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: alison@realemploymentlawadvice.co.uk or leave a comment below.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

How do you deal with persistent short-term absences?

This episode of the podcast is the second part of a mini series on managing sickness absence at work and in this episode I cover the tricky issue of how to effectively address short-term absences and the stages you need to go through if the absence levels do not improve. 

In this episode I will cover:

• The importance of having a good sickness procedure in your Handbook or other document.
• Why having informal exploratory discussions with employees at an early stage are important.
• What to do when you have to start the formal process.
• Why you need to be clear on the real reasons for the employees absences.
• How to check if the employee has a long-term medical condition and/or disability.
• The importance of obtaining appropriate medical advice.
• When to consider adjustments for the employee.
• What to do when you reach the point of dismissal
• How to minimise your risk of an unfair dismissal claim.

Action Points

1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions;
2. Have a clear absence management / sickness procedure in your handbook with relevant 'trigger' points for the informal and formal procedures;
3. Keep good records of the volume and reasons for absences;
4. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Disability related podcasts:

• Disability Discrimination & Reasonable Adjustments (Episode 005)
• Obesity & Discrimination (Episode 013)
• Disability Discrimination & a Premier League Football Club (Episode 053)
• When is additional pay a reasonable adjustment for a disabled employee? (Episode 062)
• The Government Legal Service v Brookes. Reasonable adjustments in recruitment (Episode 079)
• When does an employer have constructive knowledge of disability? (Episode 93)

Bradford Calculator

You can find an index of all of the podcast topics covered so fare here: Podcast Index

In the 4th episode of this mini series I will be covering some listener questions and/or frequently asked questions so if you do have a question please get in touch: alison@realemploymentlawadvice.co.uk or leave a comment below.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

How can you start to reduce sickness absence in your business or organisation?

This episode of the podcast it is the start of a mini series on managing sickness absence at work and to start I cover some easy practical tips to reduce sickness absence which you can begin today. 

In this episode I will cover:

• Some easy tips to help you to deal with sickness absence.
• Guidance on having clear rules on telephoning in to report sickness absence.
• Training managers to ask the right questions when someone phones in sick.
• Back to work meetings and discussions.
• Self-certification forms and what to include on them.
• The importance of absence recording records.
• Effective ways to manage sick pay.
• How the Bradford Scale can help manage absence.
• Why communication with staff is the key to reducing and managing sickness in your organisation.

Action Points

1. Ensure that managers are trained to effectively manage sickness absence - give them the confidence to ask questions;
2. Review how you record sickness absence in your business or organisation;
3. Look at your sick pay policy and consider amending;
4. Change your self-certification forms;
5. Seek advice and assistance if you are unsure how to deal with a situation.

We can help with the forms you need, the relevant procedure and training for your managers. Please do not hesitate to get in touch for some real life help for your organisation.

Useful Links

Wonolo Top 50 Podcasts for HR Professionals

Bradford Calculator

You can find an index of all of the podcast topics covered so fare here: Podcast Index

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

What are your options with disciplinary action & double jeopardy

In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue? 

In this episode I will cover:

• The risks if you dismiss an employee for an issue that has previously been dealt with informally.
• A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed.
• A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair.
• The test of reasonableness and why it is relevant to disciplinary decisions.
• Why the manager's behaviour in this scenario could be seen as bullying.
• What you should consider if you are in similar circumstances.
• Double jeopardy or res judicata in respect of employment issues.

Action Points

1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time;
2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place;
3. Seek advice if you are unsure about the situation.

We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance.

Useful Links

Sarkar v West London Mental Health NHS Trust 2010

Christou and another v London Borough of Haringey 2013

Williams v Leeds United Football Club

Episode 108  of the Podcast

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

A summary of the decision in the Supreme Court Discrimination case of

Lee v Ashers Baking Company Limited

In this episode of the podcast I cover with the high profile case which has become known as the 'Gay Cake' case, in which the Ashers Baking Company Limited refused to create and sell a cake to Mr Lee containing the slogan 'Support Gay Marriage'. Although not an 'employment' case it is relevant to the area of discrimination in employment. 

In this episode I will cover:

• The basis in law for the claim.
• The facts of the case.
• A summary of the supreme court decision.
• My thoughts on the case and why this judgement was the outcome.
• Comparison from a 'similar' case in Colorado in the US.

Action Points

1. Ensure that you and any managers, supervisors and decision makers in your business are aware of the law regarding discrimination and the potential implications in the service or goods you sell/provide, as well as in respect of employees;
2. Get some specific training for staff in Equality & Diversity and update regularly;
3. Check any policies and procedures that you have in your business to ensure they are compliant with your obligations under the Equality Act.

We offer training on Equality and Diversity for staff and we can review your contracts, procedures and Handbooks for you so please do get in touch if we can be of any assistance.

Useful Links

Lee v Ashers Baking Company Limited - Supreme Court Judgement 

BBC Report on Case

Masterpiece Supreme Court Case from Colorado - CNN news piece

Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk

A guide to Wrongful Dismissal: What is it and when is it applicable?

Following a suggestion by a podcast listener in this episode of the podcast I cover an overview of Wrongful Dismissal and summarise the information you need to know as an employer, business owner or HR professional. 

In this episode I will cover:

• The basis in law for a claim for wrongful dismissal.
• The difference between unfair dismissal and wrongful dismissal.
• The time limits for bringing a claim for wrongful dismissal.
• The potential damages/compensation an employee could receive.
• Why it is important to ensure that your disciplinary procedure is not contractual.
• The impact of a wrongful dismissal claim on post-termination restrictions.

Action Points

1. Review the length of notice periods in your employee contracts to ensure that they are not excessively long;
2. Seek advice before dismissing an employee without notice;
3. Review your employment contracts and Handbooks to ensure that the procedures are not contractual.

Useful Links

Brandeaux Advisers (UK) Ltd and others v Chadwick [2010] EWHC 3241 (QB)

Dunn v AAH Ltd [2010] EWCA Civ 183

Williams v Leeds United Football Club [2015] EWHC 376

Neary and another v Dean of Westminster [1999] IRLR 288,

Episode 46 – Farnan v Sunderland FC

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006