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Newsletter: Direct Racial Discrimination – EAT concludes Racial attack on Mental Health Nurse was not harassment

The claimant is a Black African mental health nurse working for the NHS (the respondent) in a secure residential unit for men sectioned under the Mental Health Act. During his employment he was subject to a serious assault by a patient along with racial abuse which included a patient referring to him as “f*cking black” and was threatened “I am going to stab you”. Following the incident a report was…

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Newsletter: Unfair Dismissal – SME fails to follow fair dismissal process resulting in Employment Tribunal

Hairdressing Salon Owner failed to follow fair process resulting in unfair dismissal claim at Employment Tribunal. The Claimant, Mrs Lovelady was a beauty therapist who worked for Mrs Fowler, the Respondent. She was employed from 23 March 2016 and had a period of maternity leave from February 2018 to November 2018. Mrs Fowler was a small employer and did not have any formal policies and procedures in place to address…

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Newsletter: Maternity leave Discrimination – Employer refuses to increase pay of employee until she returned from maternity leave

Former Apprentice succeeds in multiple claims at ET which leads to compensation in excess of £24,000 In early 2017 the Mrs Amin was informed by her employer that once she completed her apprenticeship, she would be given a new contract of employment and an as a result her salary would be increased.  In June 2017 the Mrs Amin informed the employer that she was pregnant and completed her apprenticeship course…

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Newsletter: Direct Race Discrimination – Employee awarded over £12,000 after employer fails to enrol him on development course

Failure to enrol employee on training course and a requirement to work eery weekend leads to ET claim  The Claimant, who describes himself as Black African, successfully brought a claim in the Employment Tribunal of unlawful direct race discrimination. The claim arose from the Respondent’s failure to enrol him on a course that would have developed him professionally, and the fact that the Respondent required him to work every weekend.…

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Newsletter: Wood manufacturing company ordered to pay over £500,000 in fines and costs after worker suffers life changing injuries

Employee suffers life changing injuries as a result dangerous machinery which Company Director was aware of. Liverpool Magistrates Court heard how a female agency worker’s hair was caught on a rotating drive shaft whilst working on the production line resulting in the loss of her scalp, ears and one of her thumbs. The Agency workers severe injuries have led to multiple reconstruction surgeries and the trauma both physically and mentally…

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Newsletter: Religious Belief Harassment – Managers offensive comments about Muslims results in almost £7,000 in awards to employee

Understanding the importance of equality and diversity before it is too late. The claimant who was an employee of Royal Borough of Greenwich, Ms Aboulossoud (the claimant) was of mixed heritage and a number of her direct family members including her father where part of the Muslim community. During a meeting in January 2016 a discussion arose in relation to another crematorium in the surrounding areas and its Islamic section.…

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Newsletter: Discrimination – Pregnant Employee dismissed after asserting her right to not work more than 48 Hours a week

Employee unfairly dismissed for asserting a statutory right of the working time regulations.  Mrs Peart (the claimant) was a Care Assistant providing personal care around the clock to a client whom was a wheelchair user and as such needed assisting with lifting at times. The claimant’s contract of employment limited her hours to “no more than 48 hours a week over a 17 week period”. Included in her contract was a “on call policy” which required the claimant to provide emergency cover if needed.   In December 2018 the claimant was less…

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Newsletter: Discount retailer branded “deeply unattractive” in Health and Safety ruling

Breaches to health and safety legislation at three Poundstretcher stores in Newbury, Newhaven and Swindon resulted in the retail chain being hit with a £1m fine. The chain pleaded guilty to a total of 24 counts of breaching the Health and Safety at Work etc Act 1974 following inspections by Environmental Health Officers. The case came after checks at a warehouse in Swindon following a complaint from a worker and…

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Newsletter: Why Risk Assessments are essential in every workplace

Recycling company sentenced to pay £144,000 after failing to implement safe systems of work A recycling company has been fined after a worker suffered from a back injury after manually moving gantry steps. Preston Crown Court heard how on, 10 September 2016, an employee of Suez Recycling and Recovery Limited helped to manually move steps weighting in excess of 950kg at a site in Duckworth Clough, Haslingden, after repair works…

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Newsletter: February’s Need to Know

Be Prepared: Auto Enrolment is changing From 6 April 2019, the minimum percentage of salary that you must contribute to eligible employees’ auto enrolment pensions is increasing from 2% to 3%. The overall contributions rise to 8% of salary each month. So for staff, their minimum contributions are rising from 3% to up to 5%, depending on the amount you decide to put in. As the employer it is your…

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