redmans-blog-newsIn the latest of our series of posts on employment law cases in the news this week, we take a look at ten employment law cases that have made headlines between 7 December and 13 December 2015

  1. Worker killed by falling from ladder during boiler inspection – A sub-contractor was fined after a worker was killed when he fell from a ladder during an inspection of a boiler. Winchester Magistrates’ Court heard how third party contractor, David Wood, (62 at the time of the accident), of Hampshire was inspecting a boiler in the loft space of a private residence. The ladder had been incorrectly fitted which resulted in Mr Woods falling and suffering fatal injuries (HSE)
  2. British Gas appeal in holiday pay case goes to employment tribunal – The issue of whether holiday pay should be bumped up to include additional benefits to go towards commission payments goes to an employment tribunal this week. The case focuses on a former sales employee of British Gas. In 2014, the European court of justice (ECJ) ruled that the salesman, whose salary included significant commission payments, should not be financially disadvantaged by the fact he could not earn commission during his holiday (The Guardian)
  3. Rabbi sues over lost job – The former rabbi of Reading Hebrew Congregation is taking legal action for alleged unfair dismissal. Rabbi Zvi and his wife Shira lost their posts at the end of May after the congregation said it could no longer afford to pay them. The couple will both claim unfair dismissal at a local employment tribunal to be held in January (The Jewish Chronicle)
  4. Tribunal rules B&Q unfairly sacked Ivor Smith – An 83-year-old man who was sacked by B&Q for leaving his till open for three-and-a-half minutes has won his case for unfair dismissal. Ivor Smith was sacked for gross misconduct after helping a customer with change at the firm’s Parkhead branch in Glasgow on 15 August 2014 (BBC)
  5. Carlier scores partial win against Lloyds – The former trader wins his unfair dismissal claim, but the judge rules he made no protected disclosures. The decision limits the payout he can claim Former trader Paul Carlier has won his unfair dismissal claim against Lloyds after months of legal wrangling, but Judge Tayler ruled his allegations of wrongdoing at the UK bank do not qualify as whistleblowing and he declined to give protected disclosure status to the claims made (FX Week)
  6. Legal row between Dr Eva Carneiro, Jose Mourinho and Chelsea heads for court in January – The legal row between Dr Eva Carneiro, Jose Mourinho and Chelsea heads for the courts for the first time in the new year with lawyers for all sides due to cross swords in a private hearing on January 6 (Sky Sports)
  7. Worker loses part of finger in pie machine – A company who produces cakes and pastries has been fined after a worker lost part of her finger in a pie and tart machine (HSE)
  8. Claims of a pig picture ban at a mainly Muslim school ‘are untrue’ – Claims a headteacher at a mainly Muslim school banned pictures of pigs are unsupported, a tribunal has heard. Rizvanna Darr, headteacher at Adderley Primary School, Birmingham, told an employment tribunal on Friday that government inspectors investigated the claims and found them to be untrue (BBC)
  9. Detective Constable Paul Bailey wins Employment Tribunal – Following a lengthy Employment Tribunal in which DC Bailey successfully claimed direct and indirect race discrimination against Greater Manchester Police, (GMP) launched an appeal against the judgment. On 3/12/15 the Employment Tribunal Appeal Court rejected the appeal and found in favour of DC Bailey (NBPA)
  10. Pioneering transplant surgeon who delayed NHS operation so he could perform organ swap on a private patient first shouldn’t have been sacked, tribunal rules – A pioneering transplant surgeon can fight for reinstatement after he was unfairly sacked for putting private patients ahead of his NHS ones, a tribunal has ruled. Professor Nadey Hakim was dismissed by Imperial College earlier this year after it accused him of delaying surgery to an NHS patient so he could treat private clients

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Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

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