In this week’s MMD we have updates on a wide range of regulatory and employment matters.

Nils has prepared a video on the appointment of a data protection officer.

Furthermore, we are delighted to announce our next in-person seminar when we are presenting on the topic of maternity discrimination in the workplace. The event in conjunction with Hays Recruitment, will be held at our Wakefield office on the 24 May. To register your interest please email by reply or contact our team at employemnthub@chadlaw.co.uk

Finally, our guest contribution this week is from our debt recovery team, who have prepared an article on the International Creativity and Innovation Day.

The Media Hub

In this weeks’ video, Nils O’Donoghue of our Regulatory and Crime department discusses whether you need to appoint a data protection officer and what the role of a DPO is.

To watch the video, please click here.

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

Laughing at a ‘slapstick’ fall was not harassment

The Claimant was dismissed from a pub after he failed to produce documentation that proved his right to work in the UK. A few months prior to this, the Claimant had slipped on a patch of oil which his employer laughed at in response. The Claimant brought claims for race and religious harassment following his dismissal and used the example of his employer’s laughter at his fall as evidence. He claimed that his manager had put the oil on the floor deliberately so that he would slip, which was dismissed by the tribunal. He also alleged that he had been given a full-time role of cleaning toilets, which was also dismissed. The tribunal however did rule in favour of the claimant in relation to a deduction of wages and awarded him £1426.11, along with a further payment of £908.91 for the Company’s failure to provide written particulars of employment.

https://www.gov.uk/employment-tribunal-decisions/mr-perera-v-stonegate-pub-company-ltd-3311529-slash-2020

Worker unfairly dismissed following offensive Facebook posts

In 2020, a London Underground employee made several offensive posts on her Facebook page in relation to the Black Lives Matter protest. On the same Facebook page, she had her employer listed as London Underground. Colleagues of the Claimant complained to the organisation about the posts and shared them on Twitter, which caught the attention of the commissioner for Transport London, which operates the London Underground. An investigation was launched into the posts and following a fact-finding meeting, the Claimant was suspended. A further meeting was held where the Claimant was represented by a trade union official, which was deemed as suspicious by London Underground as they did not usual deal with his union. Following a disciplinary interview the Claimant was dismissed however she appealed, alleging that the organisation had breached her Human Rights. The same union representative attended the appeal however he was deemed “confrontational and antagonistic”. Her appeal was dismissed and the Claimant brought tribunal proceedings. At the tribunal, it emerged that the only evidence relied on was the Facebook posts and all evidence submitted by the Claimant had been ignored along with her unblemished record. The tribunal felt that the disciplinary officer’s attitude towards the union rep had affected his decision to reject his appeal. The tribunal held that London Underground had restricted the Claimant’s right to freedom of speech when they dismissed her but felt this decision was justified as the posts had deeply offended other staff members. Ultimately, the tribunal found that the Claimant’s dismissal was unfair, but her compensation for this was reduced by 75% because of her “blameworthy” conduct.

https://www.gov.uk/employment-tribunal-decisions/ms-t-webb-v-london-underground-ltd-3306438-slash-2021

Seminar in Conjunction with Hays Recruitment

Pregnancy and Maternity discrimination in the Workplace – 24 May 2023 –830am – Wakefield Office

 This seminar will be held in conjunction with Hays recruitment and will focus on maternity discrimination in the workplace. Pregnancy and Maternity is one of nine protected characteristics covered under Section 4 Equality Act 2010. Pregnancy and Maternity discrimination is prohibited under section 18 of the Equality Act 2010. In this seminar we will be paying attention to when discriminatory situations may arise and how to successfully manage these.

We will also discuss requirements in respect to KIT days and risk assessments for employees on and returning from maternity leave.

To register your interest in this event, please email employmenthub@chadlaw.co.uk

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.

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor

 MHFA England Adult Courses

1. 27/28th June 2023
2. 26/27th September 2023
3. 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. 29th June 2023
2. 30th November 2023

Focus On – Acclaim

This week, Matt Perry from our Acclaim team has prepared an article on the International Creativity and Innovation Day which is coming up this month on 21st April 2023. Please find this attached to this week’s dispatch.

Introduction to The Gateway