After a week off to recover from running the inaugural Rob Burrow Leeds Marathon, the MMD returns with a review of the proposed The Strikes (Minimum Service Levels) Bill 2022-23. In addition, we have two updates from the Employment Tribunal on sexual harassment and race discrimination matters.

There is still time to sign up for our seminar on pregnancy and maternity discrimination this Wednesday in Wakefield, whilst the guest contribution this week comes from Kaye Willis in our Litigation team.

The Media Hub

Minimum service levels proposed in strike action.

The Strikes (Minimum Service Levels) Bill 2022-23 is currently making its way through Parliament, with Government aiming to introduce rules requiring a minimum service provision during strikes in critical services. This video discusses how the changes might weaken the unions’ position and reduce protection for workers going forwards.

To watch the video, please click here.

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

Barrister’s race discrimination appeal dismissed

A barrister brought claims of direct and indirect race discrimination, and harassment related to race and victimisation, against his chambers which were originally dismissed at an employment tribunal. The claims were dismissed on their merits but also on the grounds that his claims, bar three of them, were out of time. The barrister, representing himself, subsequently appealed against this decision on a number of grounds, including that the employment tribunal had not conducted a fair hearing. In considering the appeal, the judge described the barrister as ‘highly experienced’ with a ‘great deal of confidence’ and noted the pressures he was under in presenting his own case, however held that his attempts were ‘unconvincing.’ The judge went further to state that ‘there were points at which the ET could have gone further if it were biased against [him].’ The appeal was dismissed.

https://www.gov.uk/employment-appeal-tribunal-decisions/mr-d-matovu-v-chambers-of-mr-neil-moody-qc-and-others-2023-eat-58

Sexual harassment claim fails after ‘xx’ mistaken for kisses

The Claimant worked for the Company from 2019 until her resignation in July 2021. She told an employment tribunal that an email she received using “xx”, “yy” and “????” constituted a sexual advance. She explained that the “xx” referred to kisses, “yy” referred to sexual contact of some nature, and the “????” was a way of her boss asking her when she would be ready to engage in sexual acts with him. The email stated, “Can you please complete the following: The solution us currently used by xx Agris companies and yy Barge lines in corn cargoes in south-north flows in the ???? waterways.” The Claimant told the tribunal that she interpreted the email the way she did as her boss already knew the information he was requesting from her. Preface to this email, the Claimant had alleged that a number of touching incidents had occurred, which the tribunal deemed accidental and not of a sexual nature. The tribunal found that the Claimant had interpreted innocent interactions between herself and her boss and found sinister motives within them. All of the Claimant’s claims were dismissed. And she was ordered to pay the respondent’s costs in the sum of £5000.

https://www.gov.uk/employment-tribunal-decisions/ms-k-gasparovav-v-essdocs-emea-ltd-2206690-slash-2021

Events and Seminars

Seminar in Conjunction with Hays Recruitment

Pregnancy and Maternity discrimination in the Workplace – 24 May 2023 –8.30am – 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 attached to this email and let us know if you wish to attend.

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

Supporting Mental Health in the Workplace_

Adult MHFA Two Day only flyer – instructor

 Focus On – Litigation

This week, Kaye Willis from our Litigation team has prepared an article on the adverse possession of land. Article below.

Adverse Possession – a Warning to Landowners