This week’s MMD has a Tribunal heavy focus, where we review two thought-provoking decisions coming out of the ET.  We review the importance of evidencing discrimination claims in addition to looking at the often-unreported issues of remedy hearings and the uplifts of awards.

The guest contribution this week comes from our colleagues at Acclaim, who have prepared an Article on the Third Parties (Rights Against Insurers) Act.

Finally, we are going to have a brief holiday from our video content over the next few weeks of summer.  We are also putting the final touches on some exciting updates to the MMD, and our other content and we will hopefully be in a position to announce our plans in the next few weeks.

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

‘Laddish’ culture not enough for manager to win sex discrimination claim.

The Claimant worked as head of information systems at the Company, and was made redundant after working there for 13 years. In 2017, an employee engagement survey highlighted complaints that there was a lack of clear leadership which meant that the Company renegotiated the Claimant’s flexible working arrangement, which included working from home twice a week. In 2018, the Claimant requested support from her manager to handle her colleagues, who she described as ‘childish and immature.’ She gave examples of this behaviour to the tribunal, which included Nerf gun battles in the office and throwing rubber chickens at each other. Her request for support was met with a response that she ‘lacked the natural charisma of a leader’ and her employment was subsequently terminated following a redundancy process in July 2020. The Claimant brought sex discrimination claims which were dismissed by the tribunal, citing insufficient evidence that she had been dismissed because of her sex.

https://www.gov.uk/employment-tribunal-decisions/ms-s-longman-v-hml-holdings-plc-2307861-slash-2020

Former head of family law awarded £13,000 by tribunal.

Following a successful unfair dismissal claim, a tribunal considered the correct remedy to award, which resulted in a 13-page remedy judgement. The final award, totaling nearly £13,000, included a basic award of £3,426, a compensatory award of £1,228.61, £1,187.68 for failure to give employment particulars and £7,035.75 in relation to breach of contract. In her finding, the Judge considered the law firm’s small size when determining any uplift to the award, however stated ‘notwithstanding the small size of the respondent, it is a law firm which holds itself out as specialising in employment law.’ She also stated that ‘It is not the tribunal’s role to assist the [firm] to escape a bad bargain,’ holding the law firm to a high standard.

https://www.gov.uk/employment-tribunal-decisions/mrs-s-lightfoot-webber-v-lawcommercial-trading-ltd-t-slash-a-lawcomm-solicitors-and-lawcommercial-services-ltd-1402947-slash-2022

Focus On – Acclaim

This week, Jamie Howard from our Acclaim team has prepared an article on the Third Parties (Rights Against Insurers) Act.

Third Parties (Rights Against Insurers) Act

Mental Health Awareness Sessions

Through 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, including MHFA England Adult Courses, Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course), and Understanding Suicide Intervention at our Wakefield office.

There are events taking place at our Wakefield office as follows:

Suicide First Aid – Understanding Suicide Intervention

• 14 August 2023 – 9.30 a.m. to 4.30 p.m.

MHFA England Adult Courses

• 26/27th September 2023 – 2 days, 9.30 a.m. to 4.30 p.m.
• 28/29th November 2023 – 2 days, 9.30 a.m. to 4.30 p.m.

Supporting Mental Health in the Workplace Course – For Managers (Non Accredited Course)

• 29th September 2023 – 9.30 a.m. to 4.30 p.m.

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