Katharine deals with all aspects of Employment Law but specialises in providing non contentious employment advice and compliance to both small business ventures and larger companies. In particular, she is experienced in giving advice to companies concerning starting out in industry and reorganisation and can draft a wide range of company documentation in accordance with the individual needs of the business. Katharine specialises in making sure that employers have all their employment law and HR requirements in place and up to date. Her pleasant manner is combined with her knowledge of employment law issues from a legal perspective so that she makes sure that employers have maximum protection and immediate support in connection with all problems which they may encounter on a day to day basis.

Not so Love Island: Workplace romances

Let’s start by instantly getting some employment law myths out of the way. Firstly, can an employer safely ban workplace relationships? No. Secondly, can an employee safely ban relationships between members of the same team? No (except in very limited circumstances). And, finally, can action be taken if a relationship blossoms between two members of a same sex team and other members of that team have religion-based objections? Absolutely not!

So, why the theme? Well, at present, the nation seems to be gripped by Love Island which, for the uninitiated, sees strangers gather in a villa in Majorca and attempt relationships with each other (a ‘romantic Big Brother’ if you like). Naturally, as the weeks go by, attempted couplings fail and people start dating ex-partners of other islanders with their former flames in the same vicinity which, as you can imagine, causes many
fireworks and causes everyone to go a bit drama llama.

In my line of work, you do semi-regularly come across employers who believe they are able to take action against staff simply due to the fact they are within a relationship (whether that be moving teams, locations and/or even considering dismissal). This appears to come from American TV where, within numerous comedies and dramas, you see characters hiding workplace relationships because, firstly, a form needs completing to put it on record and, secondly, it could put the employment of one of them at risk.

Regular voluntary overtime should be included in holiday pay

The Court of Appeal has this week ruled that employers must consider any ‘regular’ voluntary overtime when calculating holiday pay, in addition to ‘non-guaranteed’ overtime, upholding the earlier decision of the Employment Appeal Tribunal (EAT).

In Flowers and others v East of England Ambulance Service NHS Trust (2017) the Claimants, all employed by the East of England Ambulance Service NHS Trust (in a variety of roles) initially brought their claim to the Bury St Edmunds Employment Tribunal alleging that unlawful deductions had been made from their holiday pay.

They stated that the calculation of their holiday pay should account for overtime in two categories – non-guaranteed overtime, and voluntary overtime. The difference between the two in this case is that non-guaranteed overtime occurs when the employee is carrying out a task which must be completed after the end of the shift (for example dealing with an emergency services call for an ambulance), whereas voluntary overtime would be classed as additional shifts which the Claimant can choose to volunteer for (there was no requirement or expectation for them to do so however).

Japan’s Labour Minister backs Mandatory Heels

Japan’s Health and Labour Minister Takumi Nemoto has caused a stir this week after publicly defending workplace policies that require women to wear high heels to work. The Minister’s comments argued that such requirements were socially accepted as being both ‘necessary and appropriate’ and were made after a petition was filed against the practice.

The petition, submitted to the labour ministry on Tuesday, raises health and safety concerns regarding the requirement, labelling it sexist and outdated. The minister unfortunately did not sympathise with the plight – equating high heels with a level of femininity which is considered to be a social norm within Japanese culture.

Dubbed the ‘#kutoo’ movement, (stemming from a combination of the Japanese word for shoes ‘kutsu’, ‘kutsuu’ meaning pain, and also a nod to the popularised global ‘#metoo’ movement against sexual abuse), the petition continues to gain traction on the online platform Change.org which at the time of writing had received nearly 30,0000 signatures.

Russian firm’s “femininity marathon” shouldn’t pass the mile mark

Another week, another *ahem* ‘naïve’ company running an event that actively stereotypes women…  Whilst it can seem that regular stories about women being stereotyped in the workplace are almost the status quo, it is worth noting that the fact they are viewed as newsworthy (when, arguably, twenty years ago they wouldn’t be) is a positive in today’s modern society in terms of helping prevent future discrimination.

So, what’s happened this time? Well, a Russian company recently announced the
holding of a “femininity marathon” during this month.  So far, so naive…

However, initiatives within the so-called femininity marathon include:

  • Cash bonuses for wearing a dress or skirt “no
    longer than 5 centimetres from the knee” upon them sending a picture of them wearing
    the relevant clothing to the company; and
  • A competition to see who is quickest at making
    dumplings!

Nurse dismissed for ‘preaching’ to patients loses second appeal

A nurse in Kent has lost a second appeal against
an Employment Tribunal decision that found she was fairly dismissed for ‘preaching’ to patients.

The Court of Appeal case, Kuteh v Dartford and Gravesham NHS Trust, considered the balance between the importance of the right to freedom of religion and the individual’s right to be protected from inappropriate or improper promotion of beliefs. In this case the complainants were hospital patients attended to by Ms Kuteh in the Intensive Treatment Unit of Darent Valley Hospital in Dartford. Ms Kuteh had 15 years’ nursing experience and prior to her dismissal she was employed in a pre-operative assessment role. Understandably, the nature of her role meant that the patients she attended were at a particularly vulnerable moment in their lives.

Barista rights: Starbucks or Starbucked?

Right, to start, a confession: I’m a coffee fanatic. And, no, that doesn’t mean that I purely order espresso shots and seek to then identify the origin of the exact coffee bean used when drinking it; rather, I regularly seek out coffee as a near necessary small luxury in life.

Now, that doesn’t mean I literally can’t function
without it. I managed to give it up for
40 days over Lent a few years ago, albeit my wife has practically banned me
from doing so again (the first week of work absent coffee wasn’t the most fun
experience!) But, overall, in a
stressful day, my instinct is to reach for a nice cup of java (whilst, if
you’re interested, is the name of an island they used to obtain coffee beans
from (as was the island of Mocha (seriously!))

Why the sudden fascination in coffee? Well, I’ve recently been reading an
intriguing book called ‘Starbucked’ by Taylor Clark. And, no, it isn’t a demolition job of Starbucks (nor a ‘fanbook’ financed by the company); rather, it is a neutral and balanced
look at the growth of Starbucks and also explores their employment practices
and treatment of staff.

As many are aware, Starbucks haven’t had the best
treatment in the press in recent years in relation to staff treatment (or,
indeed, their policies of allegedly ‘minimising’ tax liability). But how much of that is true?

Can a long-term sickness employee become practically unsackable?

The Employment Appeal Tribunal (EAT) have recently held an employee to hold ‘an implied right not to be dismissed’ when on long-term sick leave.

Naturally, this has caused many employees great concern
because long-term sickness absence, in itself, is usually fair reason to
consider dismissal.  Whilst there can be
various factors at play, including any potential disability of the employee,
the principle of an individual having to be present at work to fulfil their job
role (and employment) remains.

So what happened in the recent case of ICTS (UK) Limited v Mr A Visram to cause such concern?

Well, let’s set the scene briefly, Mr Visram was
contractually entitled to sickness benefit payments (termed ‘Long Term
Disability Benefits’) during any period of continuous sickness absence from
employment whilst he remained an employee. 
But, for various reasons, the insurer and employer didn’t wish to pay
them and, in doing so, Mr Visram was dismissed on grounds of sickness absence
and so ended his entitlement to contractual Long Term Disability Benefits payments
by the insurer (as the policy required his continued employment).

The phenomenon of the ‘work nemesis’

Some people have one, some don’t. No, it’s not a riddle for a shadow, it’s a phenomenon known as the ‘work nemesis‘.

Some people reading this blog will know exactly what I’m on
about and some won’t have the first idea. 
That’s fairly usual, as the existence of this phenomenon largely depends
on where you work and who you work with. 
Just to clarify, however, a ‘work nemesis’ is an individual who you
simply can’t gel with (or, to just more direct terminology, a people who you
can’t stand and/or dislike and/or are insanely competitive with).

You know in life sometimes you meet someone and, however
hard you try, you just can’t find a way to like them or enjoy spending time
with them?  That’s what we’re on about
here.  It’s the person who blanks you in
the kitchen but immediately strikes up a glowing conversation with the next
person who walks in, the person who (in your eyes) sends horrifically rude
emails or the person who, out of nowhere, takes sole credit for your idea in a
meeting.

Why is this relevant?  Well, naturally, taken too far, relationships between two warring individuals can affect their performance and that of the surrounding team.  So let’s explore a hypothetical scenario and see how it plays out in terms of employment law.

Was Maurizio Sarri smoked like a Kepa during the League Cup Final? – Refusing to obey reasonable management instructions

First, a confession. I’m a big football fan and regularly post legal blogs trying to link football to employment law. Sometimes there is an obvious link (i.e. a football manager being sacked) and sometimes the link is more tenuous (i.e. a previous blog many moons ago in which I tried to link a Luis Suarez blog to an employment law situation!)

However, during the recent League Cup Final (yes, I refuse to refer
to the tournament by the sponsor’s name), there was a golden employment-related
opportunity.  Yes, naturally, I’m talking
about Kepa Arrizabalaga’s refusal to accept his substitution from the game in
the 119th minute. 

In fact, the opportunity was perhaps so obvious that I
woke up on Monday morning to a LinkedIn post wondering how long it would be
until I posted a blog on the topic.  So
here it is.

In fact, the opportunity was perhaps so obvious that I
woke up on Monday morning to a LinkedIn post wondering how long it would be
until I posted a blog on the topic.  So
here it is.

Rather than my usual method of substituting the real-life
situation for a fictional one (i.e. in the Luis Suarez example above, I created
a fictional employee in a factory who bit a colleague), I’ll explore the actual
situation at Chelsea and their options.

Kepa Arrizabalaga (who I’ll call “Kepa” for the rest of
the blog) no doubt has a contract at the club to represent the club to his full
ability.  This would involve training,
keeping fit, playing games he is picked for and, as per all employees,
the implied duty of ‘obeying reasonable management instructions’.  Naturally, it doesn’t take a law degree to
conclude that Kepa’s refusal to obey his manager’s decision to be substituted
from a Cup Final is a likely failure of his Contract of Employment with the
club, both in terms of a complete, literal failure to obey reasonable
management instructions from his Manager and, also, bringing the club into
disrepute and/or failing to represent the club in good faith.

88 Year old’s Employment Tribunal Success

You are never old to have fun, to learn a new skill or to see new places, and Mrs Eileen Jolly has shown that one of those new places could be the inside of an Employment Tribunal after she demonstrated this month that you are never too old to bring a successful age discrimination claim against your employer.

Mrs Jolly, born in 1930 was employed in 1991 by the East Berkshire college of Nursing and Midwifery, which later become Royal Berkshire NHS Foundation Trust. Now, aged 88 she has successfully brought a claim against her employer for unfair dismissal as well as discrimination on the grounds of age and disability; and breach of contract.

Mrs Jolly was held to be disabled within the meaning of s.6 Equality Act 2010 by reason of her heart condition and arthritis. Despite this, Mrs Jolly had not taken a day off work in the past ten years, and even returned after suffering a cardiac arrest at work in 2004, where she was resuscitated by a surgeon.

Mrs Jolly’s complaints stem from her dismissal in January 2017, which the Trust maintains had nothing to do with her age, and rather was based solely on the grounds of culpability for her failure to adequately maintain a database of patients awaiting reconstructive surgery.