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Stressed employee wins
...with his employers they added to the pressure on him and he became increasingly worried about not being able to do his job properly and letting down his colleagues. “During this time Mr Mellor’s GP wrote that ‘he is not coping with the stresses of his current job [and] if his post can be de-stressed he will be able to work more efficiently and effectively’. “Mr Mellor’s line manager told him: ‘It’s obvious that [we] can’t provide you with a safe working environment.’ “The illness and symptoms which led to Mr Mellor leaving employment were caused by HM Customs and Excise and...
Case | 13 Mar 2006
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Male employee wins sex discrimination case over spurious complaints
A fire-service controller has reached a settlement, believed to be £100,000, after winning his sex discrimination case, the Times reports. Over a period of three years a female colleague made 16 formal complaints against John Owers, a controller with Devon Fire and Rescue Service. These compl
Case | 27 Feb 2007
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Employee wins
An employee, who was sacked after she went on sick leave due to work-related stress, has been awarded £14,800 after an Employment Tribunal found that she had been unfairly dismissed from her job as a rail worker. Sally Jenkins suffered panic attacks and depression after picking up a syringe on a Heathrow E...
Case | 4 Jul 2006
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Stress - a word of caution
...or job-related stress has been heralded as a change in direction and good news for all employers.Most significantly, when overruling three separate damages awards totalling almost £200,000, the Court of Appeal made it clear that in order to claim damages for work related stress, the onus is on the employee to complain about the stress and bring problems to the attention of the employer. This decision could reduce the number of circumstances in which employees win payouts; a welcome sign for all employers given the latest statistics from the TUC which indicated that last year new cases linked to str...
News | 8 Feb 2002
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Secretary wins damages after ‘systematic’ sexist abuse
A secretary has received £9,000 in damages after being called offensive names at work, and forced to scrub the male toilets. Sarah Crosbie, 21, suffered "systematic and continuous" sexist abuse as the sole female employee at a plumbing company, ruled Exeter Employment Tribunal. Employed as the firm's administrator, she was ordered to clean toilets and kitchens every day. On one occasion she was told to clean an overflowing male lavatory. When she refused, staff called her a "silly cow". The Employment Tribunal...
Case | 19 Feb 2009
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Switalski wins another ruling in sex discrimination case
...returned to work, lodging a number of claims against F&C at an Employment Tribunal, and resigning from her £140,000-a-year job last September. In March, an Employment Tribunal ruled that Switalski had been the victim of discrimination, finding that she had been treated less favourably than a male employee who also had a child with special needs. F&C appealed against the judgment at the Employment Appeal Tribunal in May but lost its bid to have the original ruling overturned. In June the firm asked for the case to be reheard, claiming that Switalski had lied about her having breast cancer and accep...
News | 18 Aug 2008
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Employee sacked by voicemail wins unfair dismissal case
Victim Support Northern Ireland (“VSNI”) recently demonstrated how not to sack an employee when it left a voicemail on one of its employee’s mobile phones explaining that their employment was terminated with immediate effect.Mrs Giboney had worked as a branch manager for the organisation for five years before she received the voice message dismissing her without notice. She had been un...
Case | 22 Feb 2008
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Sexually harassed employee secretly filmed by boss
A female employee has been awarded £16,500 compensation after winning her sexual harassment case in which she claimed her employer moved a CCTV camera so that it pointed at her work station. Heather Harrop, with the help of union Amicus, brought a claim for sex discrimination and constructive dismissal against...
Case | 25 Oct 2006
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Social worker wins £90,000 in disability discrimination case
Just glad to hear of a 10% ter hanging in there long enough to following through an action as 90% to damaged by the time they are unemployed to be able to cope with the stress of the managing a claim in the first place or give up in the process. (TUC report on Britain's 'Disposable Employees")
Comment | 29 Aug 2008
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Agency nurse wins 'landmark' employment rights case
An Employment Tribunal has ruled that a nursing agency employee is entitled to the same employment rights as any other employee in a case concerning her employment status. The tribunal ruled that Sheila Ncube had the right to be considered an employee of the agency she worked for. This means she is entitled to the same full employment rights as a nurse empl...
Case | 25 Jul 2006
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‘Continuity of employment’ allows employee to win case
An employee has been awarded nearly £20,000 after winning her sex discrimination and unfair dismissal case at an employment tribunal. Air Wales' former commercial manager Sarah Hopkins left the company in 2003 after telling owner Roy Thomas that she "couldn't cope" with managing director Adrian Thompson's b...
Case | 8 May 2006
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Fixed-term employees entitled to enhanced redundancy rights
Contractual redundancy schemes often differentiate between permanent and fixed-term employees, in many cases excluding fixed-term employees from enhanced benefits. However, a recent employment tribunal decision suggests that this practice might be unlawful. If correct, this could have serious financial implications for public and private sector employers alike. Background Since 2002, f...
Case | 16 Jan 2006
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Fit employees increase productivity
...his year the BBC’s ‘Big Challenge’ health and fitness drive moves to the world of work with its Health Works Awards. Over the next six months the search is on to find the UK's healthiest employers with regional and national awards to be had. A link is increasingly being made between healthy employees and increased performance and productivity. The Harvard Medical School recently found that a healthy workforce is seven hours more productive a week than an unhealthy one. The fact that fit and healthy employees feel better in themselves also has benefits. Increased staff well-being can improve bo...
News | 28 Sep 2005
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Getting Tough on the Causes of Stress
...SE is currently piloting management standards for managing workplace stress, with a view to the final product applying to all employers. They are available on the HSE website at www.hse.gov.uk/stress/index.htm. Much of the material is common sense good management; employees work better and are less stressed if they have a clear idea of what they are supposed to do, have some say in how it is done, are consulted about change and if excessive workloads, bullying and harassment is avoided. What if it Happens to You? But what if an employee is off sick with stress, despite all the management’s eff...
News | 30 Mar 2004
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Stress-Related Constructive Dismissal Ruling Overturned: Marshall Specialist Vehicles Ltd -v- Osborne
A case on when employees can claim constructive dismissal arising out of stress at work. Ms Osborne resigned because of overwork, which led to a nervous breakdown. She claimed constructive dismissal. The Tribunal implied a term that the employers would take reasonable action to avoid imposing a workload, or acquiescing...
Case | 5 Aug 2003
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Glenn Roeder Collapse Highlights Need for Stress Management
... and is a timely reminder of the need for stress management policies and procedures in the workplace. Dr Simon Fradd of the Doctor Patient Partnership - commenting on its new campaign to raise awareness levels aboust stress, said: “Stress is the second biggest cause of sickness absence days of employees in the UK. This has enormous impact for employees, employers and society as a whole... "The role of the occupational health department and personnel cannot be emphasised more as an excellent source of advice and support for people experiencing stress at work. Employees need to feel they are abl...
News | 22 Apr 2003
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Employment tribunal assistance
Employment law is an ever-changing dynamic, and in a time of ‘no win no fee’ legal firms availing themselves to increasingly knowledgeable employees, employers find themselves at ever increasing risk of a Tribunal claim being lodged against them. There is no magic formula for handling and winning an Employment Tribunal; however, there are some very important rules that employers must be aware of in order to have the best possible chance of su...
Support | 10 Feb 2012
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It’s a WRAP
...es. Next course date 6 February 2012, London 09 COMMENT Alison Doig, Senior Climate Change Advisor at Christian Aid, explains how far from coherent the Coalition Government is on tackling global warming. COntinuinG PROfessiOnaL deVeLOPMent 30 DIGITAL DISTRACTION If digital distractions mean your employees are having trouble completing work, you need to develop a strategy to help them cope, says David Lavenda. 40 CLINIC Workplace Law members ask the experts for advice on key management issues. Course benefits n Understand how and to what extent your business interacts with the environment n Apprec...
Magazine issue | 2 Nov 2011
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Internships – Are you breaking the law?
...delivery plan includes charging regime from April 2012; and the Waste Regulations 2011 have now taken effect in England and Wales. 9 15 COMMENT The Equality Act's `costly dual discrimination rules' have been dropped by the Government as part of a drive to cut down on red tape, but does that expose employees to harassment? asks Smair Soor. groups, but will new positive action legislation change all that? asks Laura Allner. 24 Corporate Manslaughter and Corporate Homicide Act 2007, is fined £385,000 to be paid over ten years. EAT: Redundancy selection: A recent case demonstrates the importance of str...
Magazine issue | 3 May 2011
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The Social Network – 12 years of the Workplace Law Conference
...e of whistleblower protection in the UK, and what employers need to do next. 14 CASE LAW Journalist jailed over £370,000 fraud; and senior bank worker sentenced after lying on CV. "The policy of making a pub less attractive to gay customers constituted direct discrimination against an openly gay employee." P.45 3 www.workplacelaw.net workplace law executive centre workplace law group workplace law health and safety Accredited Centre 561 NEBOSH COURSES workplace law FOR 2011 workplace law human resources environmental NEBOSH NATIONAL GENERAL CERTIFICATE Choose from one of four study modes t...
Magazine issue | 1 Mar 2011
