In this week’s MMD we have a detailed look at when it may be appropriate to withhold SSP. In the News we look at two updates from the Tribunal on unfair dismissal and religious discrimination.

The Media Hub

I don’t believe it! When can I withhold SSP?

In this video, we focus on the notification and evidencing requirements on employees in order to become eligible for statutory sick pay. We discuss when an employer might consider withholding SSP and the difference between these rights and the rights to withhold more generous company sick pay.

To watch this weeks’ video, please click here.

There have been lots of relevant employment law/HR updates this week.

Baker awarded £15k after his dismissal for holey bread

The tribunal in this case found that the reason for the decision was fair, though the way the dismissal was handled was procedurally unfair. The Company had raised concerns about the Claimant’s baking on several occasions, specifically the holes in his bread. The Company would leave notes on his workstation as well as examples of loaves it was unhappy with. However, the notes were written in English which the Claimant found difficult to read. He was given a verbal warning in December 2021. Later that month he was called to a meeting without warning and was not told he could bring a representative and was not provided with any evidence of his poor performance during this meeting. He was dismissed following the meeting and brought tribunal proceedings. The tribunal found that the Company’s handling of his dismissal breached the Acas code and held that his dismissal was unfair and was awarded £15,703.21.

https://www.gov.uk/employment-tribunal-decisions/mr-a-piaszczynski-v-leakers-ltd-1400843-slash-2022

Religious discrimination case to be reheard by tribunal

The Claimant was a Christian school assistant who was dismissed after she shared Facebook posts containing homophobic and transphobic views. The posts were shared on her private account which did not name her employer. The school had received multiple complaints about the posts and she was later dismissed for gross misconduct. at the original tribunal in 2020, it was found that the school did not directly discriminate or harass her on the basis of her religion. In the ruling, it was acknowledged that the Claimant’s beliefs are protected under the Equality Act, but that the particular posts could lead someone to think that she was “hostile towards the LGBT community and trans people in particular.” The Claimant appealed this decision, and the EAT have ordered the case to be reconsidered, on the basis that it should have concluded that there was a close or direct connection between the Claimant’s Facebook posts and her protected beliefs.

https://www.gov.uk/employment-appeal-tribunal-decisions/mrs-kristie-higgs-v-1-farmors-school-2-archbishops-council-of-the-church-of-england-2023-eat-89-eat-89

Focus On

This week, we have chosen provide a detailed list of services that Chadwick Lawrence offers. Please find this below.  Should you require any of our services, please do not hesitate to get in contact with us and we would be happy to help.

Chadwick Lawrence Services

Mental Health Awareness Sessions

In partnership with Mental Health First Aid, we are providing the opportunity to attend one of the mental health training sessions listed below. The sessions are delivered by accredited MHFA England Instructor Members and will help you gain a better understanding of mental health in a range of areas.  Please find the relevant information relating to the sessions below and let us know if you wish to attend.

 MHFA England Adult Courses

1. 26/27th September 2023
2. 28/29th November 2023

Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course)

1. 29th September 2023

Stress and Resilience Course – Cme Accredited

1. 30th November 2023

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor