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Top 5 Employment Law cases in March 2019

Racial discrimination, gender pay gap, wrongful dismissal, maternity discrimination, pregnancy discrimination which lead to employment redundancy. These are among the many cases employees claiming at an employment tribunal.

In March 2019 the top 5 employment tribunal cases occurring were;

Trainee emergency operator racially discriminated against during drug investigation

Jerry Ogbonna was suspended without pay five days into his employment with partnership of East London Cooperatives (PELC) He was accused of consuming and distributing illegal drugs to his colleagues whereas he was simply consuming off the shelf caffeine supplements. Although the astuteness of the employer cannot and should not be faulted, it goes without saying however that this suspension came with zero concrete evidence. The decision was taking without the appropriate steps being taken.

The tribunal ruled that investigations did not reveal or show what drugs were consumed nor did they show who they consumed by. In addition to this, investigations failed to ascertain the legality of the drugs in question. These were enough reasons to deduct that, Jerry Ogbonna who is black, was unfairly dismissed and was subjected under circumstances no white employee in his position would have faced.

Employee with depression awarded £35, 000 after being denied flexible working

The failure of some employers to place as much importance on mental health as they physical health as led to the outcry of a lot of employees who not only feel neglected and uncared for at their respective workplaces. Apart from this, the potential consequences faced by employers could be mild or astronomical.

The case of Chris Hargreaves, who worked as a case manager from February 2016 until is unfair dismissal in November 2017. Due to the inconsideration of his employer to grant him flexible hours, he was awarded £35,677. The ruling was in favour of the employee as it was determined that the employer had failed in his duty due to his failure to consider the employee’s changing circumstances.

Depression, anxiety and other forms of mental health illness should not be overlooked or termed as casual. What each individual is capable of handling varies from person to person. What you go through is peculiar to you in terms of its effect not necessarily in terms event. Someone else going through what you went through and unable to handle it does not necessarily mean they are weak.

Woman who could not access emails about redundancy while on maternity leave was not discriminated against, rules EAT

Emma Pease, who worked as a health trainer for South West Yorkshire Partnership NHS foundation Trust was on maternity leave when an email concerning a job opportunity was sent however not being with her laptop exempted her and as such she was at risk of redundancy. This was however ruled by the EAT as unfavorable treatment.

Railway worker was not entitled to 20-minute breaks, Court of Appeal rules

David Crawford claimed his inability to take an uninterrupted break at work resulted in a breach in his rights. As a signal box worker for Network Rail in Surrey and Sussex, according to the Working Time Regulations 1998, his job would be classified as working in key services and as a result was a special case where he needed an equivalent period of compensatory rest. Findings revealed Crawford was always on call during daytime shifts and as such could not be given 20 minute uninterrupted break.

Cinema employee accused of encouraging cyber-attack was automatically unfairly dismissed. Tribunal rules

An employment tribunal ruled the unfair dismissal of Kelly Rogers who encouraged workers to block-book seats online they did not intend to buy, temporarily preventing from being sold. However, what was expected to be seen as justified was ruled as unfair dismissal as the reasons given for her unfair dismissal was that her participation in the activities of an independent trade union was at an appropriate time.

Our no win no fee Employment Law Solicitors can assist with all types of claims. Naturally, we pride ourselves on providing the best possible service to the highest standards, we offer free employment law advice on all problems. Call us on 0800 756 6605 or 020 3923 4777

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