In this week’s MMD we review the concept of unspent and spent convictions and the impact on recruitment. In the news we have two updates from the ET in the matters involving whistleblowing and discrimination.

Finally, the guest contribution this week comes from our Commercial and Corporate team on the importance of Heads of Terms in corporate transactions.

The Media Hub

Record breaking – criminal convictions and the employment relationship

This video considers the impact of the Rehabilitation of Offenders Act 1974 on the employment relationship, discussing the concepts of spent and unspent convictions, and the limited redress open to an applicant who is not selected for employment because of such convictions.

To watch this weeks’ video, please click here.

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

The motivations of other employees who may be indirectly involved, should not be taken into account in a discrimination case

In this case, the Claimant was dismissed shortly after she had told her manager that she was pregnant. The manager had relayed this information on to the dismissing officer who relied on this information before dismissing the Claimant. The original tribunal concluded that the manager had been motivated by the Claimant’s pregnancy in the way in which she presented the information to the dismissing officer and that the Claimant had been dismissed for pregnancy-related reasons. The Respondent appealed this decision, and the EAT remitted the case back to the tribunal as it disagreed with its original finding. The EAT held that the tribunal should have only considered the motivation of the dismissing officer, and not the motivations of other employees who may be indirectly involved, in this case the manager.

https://www.gov.uk/employment-appeal-tribunal-decisions/alcedo-orange-ltd-v-mrs-g-ferridge-gunn-2023-eat-78

Royal Mail ordered to pay £2.3m for whistleblowing detriment

After raising concerns that Ofcom guidance was being breached, and how employee bonuses were being awarded, the Claimant was bullied, harassed, intimidated by her manager and being invited to accept three months’ pay, and subsequently, a years’ salary to leave Royal Mail. After a lengthy legal battle, the case went all the way to the Supreme Court in 2019, who found that the Claimant was unfairly dismissed and had suffered detriments. The Claimant had suffered severe depression, anxiety, panic attacks and PTSD as a result of her treatment at Royal Mail. She was subsequently unable to work following her dismissal due to her mental health. After the tribunal hearing to discuss compensation had been postponed, the tribunal had ordered Royal Mail to pay “2,365,614.13 for awards including detriment, past losses including pension, future losses including pension, a basic award, Acas uplift and an award for tax.

https://www.gov.uk/employment-tribunal-decisions/ms-k-jhuti-v-royal-mail-group-ltd-2200982-2015

Focus On – Corporate and Commercial

This week, Sarah Hemmings and Kyrran Dearnley-Porter from our Corporate and Commercial team have prepared an article on the importance of Heads of Terms in commercial transactions.

The Importance of Heads of Terms in Commercial Transactions

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