Having A NatteRR

Having a NatteRR- Series 6 Episode 5

This week, Simon, David, and Imogen discuss the case of Catriona Robinson v Mind Monmouthshire Ltd.

The former employee of Mind, mental health charity, succeeded in her claims for automatic unfair dismissal (public interest disclosures), failure to make reasonable adjustments and victimisation.

We discuss the issues in the case, focussing on the need to address bullying and harassment in the workplace and the need for employers to have clear policies on acceptable workplace behaviour.

We also highlight the need to provide up to date training to equip managers on how to properly deal with issues of this nature.

We also discuss the reputational impacts of the high-profile litigation.  

Having a NatteRR - Series 6 Episode 4

In the latest episode of this series, Simon, David, and Imogen discuss the case of Cassidy v Iceland Frozen Foods Ltd.

The case involved the dismissal of Miss Cassidy for eating a chocolate bar and giving some to a customer, caught on CCTV, with the chocolate bar believed to be the stock of Iceland.

We discuss the issues in the case, focussing on the flaws of the investigation conducted into the suspected theft of stock, representing gross misconduct.

We discuss the importance of clearly outlining the allegations to the employee under investigation and throughout the disciplinary process, enabling them to put forward their position in response to the allegations.

We also discuss the importance of your internal policies, to ensure that the employer’s rules are clearly communicated and understood by staff, noting that the employee in this case raised doubt over whether the items were stock, and that she believed they belonged to a colleague and that they would regularly eat each other’s food.

We also discuss what our favourite desserts are.

Having a NatteRR - Series 6 Episode 3

In the third episode of this series, Simon, David, and Imogen discuss the rules on taking evidence from abroad via video conference in the Employment Tribunal.   

We discuss the case of Agbabiaka, which is about the process for what you need to do if witnesses you intend to call will be out of the country, but are otherwise available and willing to give evidence virtually.

We also discuss the relevance of the case in the context of Covid-19 disrupting travel plans and placing a particular emphasis on the need for evidence to be given virtually.

 

Having a NatteRR - Series 6 Episode 2

In the second episode of our new series, Simon, David and Imogen discuss the Employment Tribunal case of Allette v Scarsdale Grange Nursing Home Ltd.  

We discuss the case, including how a situation will be assessed when a mandatory vaccination requirement has been adopted by an employer before the appropriate legislation has been introduced to mandate that.

We also discuss the relevance of the case in the context of the recent changes in government policy on the compulsory vaccination mandate in the health and social care sector. 

 

Having a NatteRR - Series 6 Episode 1

This week, in the first episode of the series, Simon, David and Imogen discuss the Employment Tribunal case of Ms D Fitzpatrick v The Scottish Ministers. 

We discuss the issues in the case, including the Claimant's allegations that she was "restrained" by male colleagues in December 2010, as a lesson to "keep her mouth shut" after blowing the whistle about a toxic workplace culture. 

The Respondent's case was that they had dismissed Fitzpatrick for gross misconduct, stating she had intentionally lied about the date of the incident and forged emails.

We discuss the Tribunal's finding that the Claimant was fairly dismissed and the evidence presented to the Tribunal by a digital forensic expert, that the image was actually taken in August 2009.

We also provide you with our key takeaway points for dealing with difficult workplace issues. 

Having a NatteRR - Series 5 Episode 7

This week, Simon, David and Imogen discuss the Employment Tribunal case of Miss A Curtis v Milltek Sport Ltd in the final episode of this year’s series.

We discuss the issues in the case, focussing on the Claimant’s public interest disclosure that the Managing Director of the company was fraudulently using a company credit card. This included that he was using funds to upgrade to business class on flights, pay for parts on his vehicle and buy gifts for his partner.

We provide our insight on five key ways to investigate disclosures of this nature and what further claims can arise should you fail to do so.

Having a NatteRR - Series 5 Episode 6

This week, Simon, David, and Imogen discuss the Employment Tribunal case of Mr L Marana v University Hospitals Coventry & Warwickshire NHS Trust.

We discuss the issues in the case, including the Claimant’s dismissal for gross misconduct due to his 'pattern of inappropriate and unwanted behaviour' towards a young healthcare assistant in his team.

We focus on the Claimant’s claims that the allegations he faced, such as his attempting to kiss the assistant on the lips numerous times, were a ‘cultural norm’.

We each give the others’ view on the Tribunal’s findings that dismissed the Claimant’s claims for race discrimination and found that his actions towards the woman went beyond 'friendly' Filipino customs.

Having a NatteRR - Series 5 Episode 5

This week, Simon, David and Imogen discuss the Employment Tribunal case of Jasmine Stunell v Leo Bancroft Salon Ltd.

We discuss the issues in the case, focussing on the Claimant’s claims of age discrimination in respect of comments made to her when she was 16 years old, including ‘grow up’ and ‘pull yourself together’.

We each give the others’ view on the Tribunal’s findings that the remarks complained of are not intrinsically linked to age. 

David also expresses his anger towards the automated voices for zoom and lifts. 

Having a NatteRR - Series 5 - Episode 4

This week David and Imogen discuss the Employment Tribunal case of Mrs R Malone v The Chief Constable of the Police Service of Scotland. We discuss the issues in the case, focussing on the findings of the Tribunal that there was a ‘sexist boys’ club culture’ within the armed response vehicle unit. We go on to discuss further findings that much of the witnesses’ evidence for the Police, which included high ranking officers, was deemed not credible.

The Tribunal dismissed the Claimant’s claim of sex discrimination but upheld her complaint of victimisation.

We also discuss updates amongst the team, including the suspicious loft, and try our best to give each other's viewpoints on the case.

Having a NatteRR - Series 5 Episode 3

This week Simon, David and Imogen discuss the Employment Appeal Tribunal (EAT) case of Moore v Phoenix Product Development Limited. We discuss the issues of the case, focusing on the Employee who was dismissed not having been afforded an appeal. The dismissal was found to be reasonable in all the circumstances and ultimately it was found that an appeal was not necessary on the facts.

We discussed the importance of the facts of the case in the EAT arriving at this decision, including that this was a dismissal for some other substantial reason (SOSR). We discuss the potential for this case to have been decided differently, should the actual reason for dismissal have been found to be conduct related on its facts.

We also discuss our team member Imogen moving into a new house... and a rather suspicious loft.