Scotland

General News, Articles and Information from The POA North of the Border:

20.05.2015

Levy & McRae Newsbrief: May 2015

Dismissal of elected Mayor from salaried school post was clear example of SOSR but was unfair

A local government politician and elected Councillor, who was in paid employment at a state school, despite providing no services, was dismissed following his election as the executive Mayor of Liverpool.

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Judge should have exercised discretion to convene full tribunal

In Birring v Rogers and Moore t/a Charity Link, the EAT has held that an employment judge erred in failing to consider whether an unfair dismissal claim (which is usually heard by a judge alone) and a trade union detriment claim (which must be heard by a judge and lay members) should both be heard together by a full tribunal.

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Dismissals following Bad Faith Warnings

Can a warning given in bad faith be relied on for the purpose of determining whether there is sufficient reason to dismiss an employee? No, held the Court of Appeal.

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Managers don’t believe mental illness warrants time off work

A new survey has concluded that most business managers don’t believe that mental illness warrants time off work, which, a charity has said, highlights the stigma that continues to surround issues such as stress and anxiety in British workplaces.

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Trade Union Recognition - Collective Bargaining

In cases of compulsory trade union recognition, is there an obligation to negotiate items which are not core contractual terms 'relating to pay, hours and holiday' ? No, held the High Court.

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Guide on epilepsy in the workplace

A new guide to epilepsy in the workplace has been published by the charity Epilepsy Action in partnership with the Trades Union Congress (TUC).

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Employment Status - Ministers of Religion

Was a Rector, the holder of a statutory office, an employee or a worker for the purposes of protection from unfair dismissal and whistle-blowing detriment? No, held the Court of Appeal.

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Discrimination: Focus on the Discriminator

Is it discriminatory to dismiss after relying upon the reports of colleagues motivated by discrimination? No, held the Court of Appeal.

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Was ex-employee with a confidentiality clause required to hand over documents?

If an employer wishes to protect itself against the disclosure of confidential information after employment has ended, they will need an express term in the contract of employment.

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Establishment means ‘entity’ to which worker is assigned

The European Court of Justice has confirmed that ‘establishment’, for the purpose of the collective redundancy consultation provisions in the EU Collective Redundancies Directive, means the entity to which the worker is assigned.

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Was employee dismissed for conduct or far-left political beliefs?

Political beliefs can be protected by the equality legislation as they are generally viewed as a philosophical belief. It can be difficult to assess whether or not a disciplinary sanction takes place as a result of poor conduct or the belief itself, and that is what this case looked at.

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Tribunal adopted unduly restrictive approach to ‘working time’

The EAT has overturned an employment tribunal’s finding that a trade union shop steward and a health and safety representative were not working for the purposes of the Working Time Regulations 1998 when they attended meetings at their workplace between night shifts.

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Risk of public believing allegations did not justify anonymity

The EAT has held that a tribunal was wrong to take into account the risk of the public believing in the truth of unproven allegations of sexual harassment against an unfair dismissal claimant when deciding to extend an anonymity order.

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Tribunal entitled to reject claim with incorrect early conciliation number

Was an employment tribunal entitled to reject a claim that was submitted out of time due to the Claimant entering the wrong Early Conciliation number? Yes, held the EAT.

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