In this week’s MMD, on the podcast Nils and I discuss a range of topics including the abuse of power by management and recent examples of GDPR breaches and fines. Daniel has prepared a video on the reasonable steps employers need to take to prevent sexual harassment in the workplace.

We are delighted to announce a new regulatory webinar that will take place on the 27 March 2023. Details of the webinar are listed below but if you would like to register your place, please do so by reply or by emailing seminars@chadlaw.co.uk.

THE MMD PODCAST

Episode 19: Blue Lights and Data Fines

Join Sam and Nils this week as they discuss abuse of power in the workplace and GDPR breaches and fines.

This week, Sam and Nils are joined by guest Dan Bell, Head of IT at Chadwick Lawrence. Join them as they discuss the varied role an IT department plays in a business, the importance of cyber security and listen as they provide their thoughts on the future of AI.

https://spoti.fi/48yXTtr

THE MEDIA HUB

Taking Reasonable Steps – Get on the Front Foot

This video explores amendments to the Equality Act 2010 which will, for the first time, implement a positive duty on employers to take “reasonable steps” to prevent sexual harassment in the workplace. We discuss the ramifications of a failure to comply, both from the perspective of awards of compensation and enforcement action by the EHRC.

 Click here.

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

Ambulance boss who made 999 worker leave their post to give him a lift back from the airport after a family holiday dismissed.

The senior ambulance boss (Christopher Gallacher) demanded a 999 call handler leave their post to pick him and his family up from the airport. He had made the request to a new, junior member of the team on a busy evening where some patients had been waiting a length period of time. The junior member of staff was away from their post for 45 minutes while they picked up Mr. Gallacher.

Mr. Gallacher was suspended after it was brought to the attention of Scottish Ambulance Service (SAS). After a lengthy investigation the disciplinary took place and all allegations were upheld. Mr. Gallacher stated that he ‘assumed’ the journey would be taken during the colleague’s unpaid 45-minute break. The officer concluded that he had abused his position and made an irresponsible decision. After 20 years of service Mr. Gallacher was subsequently dismissed for Gross Misconduct from Scottish Ambulance Service (SAS) for ‘knowingly depleting’ cover.

Mr. Gallacher appealed this decision stating that other pool cars had been used in an inappropriate way and stated there was an ‘absence’ of a clear written policy against such practice but this was rejected.

Mr. Gallacher claimed he had been unfairly dismissed however this was rejected by the employment tribunal judge. It was ruled that Mr. Gallacher had been responsible for the ‘best use of resources’ in a position with a ‘high level of autonomy and leadership’.

The Tribunal found that given the fast changing environment operating and the irresponsible decision that was made, the outcome was one that a reasonable employer could reach. It was therefore found that SAS acted fairly and reasonably. There were other options which other employers may have approached but their approach was fair and reasonable.

https://assets.publishing.service.gov.uk/media/65cf3eb1423931001bb7b8e5/4103034.2023_-__Mr_C_Gallacher_v_Scottish_Ambulance_Service_-_Judgement.pdf

UPCOMING EVENTS

We have lots of exciting events coming up which we would love for you to be a part of.

To register your interest in any event, please email seminars@chadlaw.co.uk. We look forward to seeing you there!

JOIN US FOR OUR MENTAL HEALTH AWARENESS SESSIONSThrough our relationship with Tailored Learning Solutions who provide mental health first aid courses in our business, we are now able to announce that we are running multiple courses at our Wakefield office including the following:

Mental Health First Aid (2 day course)

• 24/25th April (FULLY BOOKED)
• 26/27th June
• 25/26th Sept

Mental Health First Aid – Refresher (1/2 day workshop)

• 24th September

Suicide First Aid – LITE (1/2 day workshop)

• 25th June

Suicide First Aid – Understanding Suicide Intervention (1 day workshop)

• 25th November

Mental Health for Managers Workshop (1 day workshop)

• 26th April
• 14th October

The details of these sessions can be found at the Tailored Learning Solutions website: https://www.tailoredlearningsolutions.co.uk/book-online?category=all-services

If you would like further information and details of the cost for these events, please email carolgledhill@chadlaw.co.uk