In the MMD this week we have prepared the first in a four-part summary exploring redundancy processes and the requirement to consider suitable alternative employment.

In the news we review two recent Employment Tribunal decisions whilst in other areas of law, Andy Dickinson from our Property team has prepared an article relating to how property is owned and the impact of a single email on whether property is held as joint tenants or tenants in common.

 The Media Hub

Redundancy & Suitable Alternative Employment – Part 1 of 4

This video gives an overview of the duty to search for suitable alternative employment in a redundancy situation, including the extent of search and the importance of maintaining a paper-trail.

To watch the video please click the following link:

Click here

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

NHS whistle-blower awarded £219,000 in compensation

The Claimant was a consultant nephrologist and had expressed her concerns about a procedure known as buttonholing which uses blunt needles to aid dialysis rather than using two sharp needles. The Claimant made her complaints after learning that some patients had suffered complications as a result of the approach and that other colleagues were also sceptical of the procedure. The Claimant made a series of internal complaints before filing a report wit the Care Quality Commission. When the review of the procedure was deemed safe, the Claimant reported the issue to the General Medical Council. At the same time, the Trust began its own investigation into the claimant’s behaviour and began a disciplinary investigation which resulted in the termination of her employment a few days later for “serious misconduct”. The tribunal found that there was a strong connection between the disclosure and dismissal and found that her dismissal was unfair.

https://www.gov.uk/employment-tribunal-decisions/dr-j-macanovic-v-portsmouth-hospital-nhs-trust-1400232-2018

Dismissal of disabled employee on long-term sickness absence not discrimination arising from disability  

In this recent case, the Claimant worked for HMRC as an administrative officer. He suffered from anxiety and depression and was off work for long periods of time during his employment although some of these absences were not related to his mental health issues. Between 2016 and his dismissal, the employee was absent from work for a total of 245 days on 23 different occasions. HMRC dismissed the Claimant in 2018 after concluding that his absences impacted on productivity and staff morale and that all reasonable adjustments had been exhausted. At the time of the dismissal, the Claimant had been absent for seven months and was unfit to work in any capacity. As Mr McAllister had been dismissed for reasons of capability, he was entitled to a payment under the Civil Service Compensation Scheme however this payment was reduced by 50% for his behaviour however a successful appeal increased this payment to 80%. The Claimant brought claims for discrimination arising from a disability for his dismissal and the initial reduction in of the CSCS payment. The tribunal rejected the claim for the dismissal however it was satisfied that the reduction in payment was because of something arising in consequence of the Claimant’s disability. On appeal, the EAT held that the CSCS reduction was justified.

https://www.gov.uk/employment-appeal-tribunal-decisions/mr-j-mcallister-v-commisioners-of-her-majestys-revenue-and-customs-2022-eat-87

Focus On – Complete Property Solutions

Each week we thought we would provide you with an insight into our other commercial areas of law outside of the Employment team. This week Andrew Dickinson from our Complete Property Solutions team has prepared an insight into the impact one email can have on the interest you have in your property. Please find this attached to this week’s dispatch.

CPS MMD Contribution