Basking in the glory from a win at a charity quiz, we have a number of critical updates in the world of employment law and HR. Daniel has prepared a video on the right to be accompanied at a disciplinary and grievance hearing whilst we report on a number of interesting updates from the Tribunal.

Finally, this time next week we will be presenting our Mock Tribunal from Weetwood Hall. As a result, the MMD next week will look a little different. There is still time to sign up to the event and please register by return or at employmenthub@chadlaw.co.uk

This Week at Chadwick Lawrence

The employment team took part in a HR charity quiz hosted by Hays Recruitment. This quiz was held to raise money for their charity partner, End Youth Homelessness.

The team showed off their range of quiz knowledge and took home 1^st place.

The Media Hub

Can I decide who my employee can bring to a hearing?

This video examines the right to be accompanied at a disciplinary or capability hearing and highlights the lack of flexibility an employer has to turn down a request to be accompanied by a specific individual.

Watch here: https://youtu.be/kfJVThahnjI

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

Can an employment tribunal rectify a contract?

In this recent case, a number of Claimants had won claims for unauthorised deductions from wages. The claimants were backed by two Unions, RMT and Unite. As Nexus had lost the issue of principle about whether the deductions had been made, they issued a claim against the two Unions for rectification of the collective agreement that formed part of the deductions claims. The Court held that the tribunal could not rectify a contract, however could decide whether a contract could be rectified in principle.

https://www.gov.uk/employment-appeal-tribunal-decisions/mr-charles-melvin-bathgate-v-technip-uk-ltd-and-others-2022-eat-155

Gay Officer discriminated against in Royal Navy accommodation policy

In this recent case, the claimant requested accommodation in the city centre of Bristol after accepting a posting, which would allow him to be closer to other people from the LGBTQ+ community. His sexual orientation was not disclosed during his application but stated the preference for the city centre accommodation and his willingness to contribute to costs. He was instead offered a property that was a 90-minute bus ride from the city centre which made the Claimant feel isolated. In order to appeal this, the Claimant had to disclose his sexual orientation despite being worried about negative responses to this. The email disclosing this was shared with other colleagues, details of this was posted on a digital calendar and all requests to see the Navy’s equality impact assessment for accommodation were denied. He said the process had made him feel “sub-human and not worthy of the consideration that others would receive”. The tribunal found that there was a clear difference in treatment, with the claimant being denied a benefit in a way that was discriminatory because of his protected characteristic.

https://www.gov.uk/employment-tribunal-decisions/xa-v-the-royal-navy-ministry-of-defence-1400773-2018

Morrisons discriminated against a full-time worker when she returned form maternity leave

In this recent case, a Morrisons employee claimed that she was asked to take on a full-time role when she returned to work after maternity leave, despite only having a part-time contract. When the claimant raised concerned about this, she was told to “prioritise things a bit better and get your head in the right place and get your mindset right”. She also claimed that a new role that was offered to her suddenly “disappeared” when she announced her pregnancy, and that managers were reluctant to let her work from home or have half days to pick up her children. She later handed in her notice in March 2022. After leaving she submitted a data subject access request and came across a letter that showed there were plans to demote her while she was pregnant. The tribunal found that she had been subject to unfavourable treatment and indirect discrimination.

https://www.gov.uk/employment-tribunal-decisions/ms-d-patterson-v-wm-morrison-supermarkets-ltd-1800249-slash-2022-and-others

Dates for the Diary

Mock Tribunal – What’s Your Verdict?

When? Monday 14^th November 2022

Where? Weetwood Hall Estate, Otley Road, Weetwood, Leeds LS16 5PS

Time? 8:30am registration, 9am start

This interactive seminar will involve a mock trial based on a fictional employment tribunal claim.

The Claimant in this case was employed by the Respondent as a policy advisor. During his 3 years working for the company, he alleges that he was subjected to sexual harassment from his line manager. The Claimant raised his concerns, and his grievance was investigated by the company. The Mock Tribunal will decide upon his claims of constructive unfair dismissal and sexual harassment when the Claimant resigned following an unsatisfactory conclusion to his grievance.

At the event, we shall be using practising solicitors and barristers to ensure the event provides a very realistic view of the tribunal process with you. As attendees in the audience, you will act as the ‘jury’ and also have the opportunity to participate in the Q&A at the conclusion of the event.

To book your place at the event, please email the team at EmploymentHub@chadlaw.co.uk