Tom is an Associate Solicitor, who joined the Employment Team in August 2017.Tom deals with all areas of Employment Law but has extensive experience in disability discrimination and unfair dismissal claims on both sides. His varied experience of acting on both sides of tribunal claims allows him to offer employers detailed and accurate guidance as to likely next steps and effectively analyse disputes.

Employment Law Snippet – No.4 – Honeymoons

Hello and welcome to our fourth Employment Law Snippet article. This week, we’ll be looking at honeymoons and how they affect employees and employers alike.

So, honeymoons. A slightly wonderful and unique concept within employment law and a (usually) once-in-a-lifetime experience for the couple. As with everything, everyone’s mileage will vary – some will go to a 5-star island hideaway and spend 3 weeks by the beach whilst others, who won’t be named, may road-trip across Canada gaining an unstable addiction to maple syrup, falling in love with the Toronto Maple Leafs ice hockey team and failing, despite maximum efforts, to see any of the rather elusive native moose (ahem!)

Would the Labour Party’s employment reforms work?

On 10 September, the Labour Party put forward plans to create a Ministry for Employment Rights and a Workers’ Protection Agency to enforce those rights.

The proposals which, obviously, would only see if the light of day if Labour won a General Election, whenever such an election may occur, are ambitious and, naturally, rather scant on detail at the moment. But, despite this, let’s have a look at a few of their proposals for changes to employment law to see if they are realistic and workable!

Employment Law Snippet – No. 3 – How magical is Disneyland?

Hello and welcome to our third Employment Law Snippet article. As usual, this article aims to discuss a chosen topic in an interesting, non-jargon filled way and identify how it might affect employees and employers alike.

This week’s topic is a wonderful one: Disneyland! Yes, (almost) everyone loves Disneyland!! I put the ‘almost’ in brackets because, otherwise, it guarantees at least one person will respond: “I don’t like Disneyland”…

Employment Law Snippet – No.2 – Is being Jedi a religion or belief?

Hello and welcome to our second Employment Law Snippet article. As usual, this article aims to focus on one general topic and engage in an interesting, non-jargon filled discussion on how that subject matter may affect employees and employers alike. Naturally, the below involves (quite a bit of) simplification of the law and isn’t set out out as any form of actual legal advice!

This week’s topic is a quirky one: Jedi! Yes, this is inspired by 0.8% of the 2001 UK census forms having ‘Jedi’ entered under ‘religion’. You may well be thinking ‘what on earth does the Jedi faith from Star Wars have to do with employment law?’ Well, as usual, an interesting question usually leads to an interesting answer…

Firstly, before tackling the big question, why is the definition of a “religion or belief” within the Equality Act 2010 important for employers? Simply put, it is important because it is unlawful for an employer to discriminate against an employee because of their ‘religion and/or beliefs or lack of religion or beliefs’.

A blog on blogging based on a blogging blog

Right, so I like a good blog on employment law-related topics and, in this blog, I’m looking to blog about employee blogging, even if those blogs are about blogs (or not blogs at all). Clear? Of course not, the only near guaranteed thing is that, by now, the word ‘blog’ has probably started to lose meaning in that way that words do when constantly repeated.

On a slightly more serious side, this article is about what happens when an employee publishes content (whether on social media, within physical media (including a local or national newspaper) or within personal blogs) that potentially harms the reputation of their employer. Where is the line drawn between innocent, harmless blog and, on the other hand, an online article or post that seriously harms the business of an employer?

As per the above title, I briefly covered this topic around 4 years ago in a past blog post. That article mentioned the rather quirky case of Walters v Asda Stores, heard in 2008, in which a manager jokingly (I hope!) posted a message stating that, whilst she was supposed to love her customers, hitting them with a pickaxe would make her much happier… The Employment Tribunal found that Asda had focused too much on the mere fact she was a Manager rather than considering other factors (such as, I would image, how many people would have seen the post, would those people have actually thought she was being serious and/or would people really judge Asda for staff members occasionally making slightly inappropriate jokey remarks outside work) and ruled that the dismissal was unfair.

Employment Law Snippet – No.1 – Tattoos

Hello and welcome to our first Employment Law Snippet article. These conversational articles aim to focus on one general topic and then have an interesting, non-jargon filled discussion on how that subject affects employees and employers alike.

The first topic is an interesting one: tattoos! You may be thinking “what on earth do tattoos have to do with employment law?” Well, not that much at present but that may start to change in the future.

Are tattoos that important a consideration within employment law? Well, to start, I regularly hear employment-related tales of friends of friends and, recently, I heard about a young woman in her twenties going to a job interview and all, initially at least, going very well with the interviewer. That is, until the interviewer noticed the small floral tattoo on her wrist (which barely poked out from underneath her small watch) and, from that moment, the interviewer appeared to ‘go off’ her, cut the interview short and, lo and behold, she didn’t get the job (which, for the record, wasn’t in a customer facing position).

Employment Law: A study of Peanuts

I’ve just passed two years’ service here at Canter Levin & Berg and, during that time, if my colleagues were asked to describe my obvious passions in two words, those words would be probably be ‘penguins’ and ‘Snoopy’. That wouldn’t be surprising considering that my office contains a Snoopy resting on his doghouse, penguin figurines and numerous colleagues regularly receive Snoopy pictures within internal emails…

From time-to-time, I use hypothetical examples to demonstrate employment law principles and solutions and, within blogs, I tend to slip in the odd character from the Peanuts universe. Fun fact? The creator of Peanuts had the title fostered upon him by newspaper editors and hated it to such an extent that when asked about Peanuts he always referred to it as ‘that comic with Charlie Brown and his dog’.

From time-to-time, I use hypothetical examples to demonstrate employment law principles and solutions and, within blogs, I tend to slip in the odd character from the Peanuts universe. Fun fact? The creator of Peanuts had the title fostered upon him by newspaper editors and hated it to such an extent that when asked about Peanuts he always referred to it as ‘that comic with Charlie Brown and his dog’.

Gross negligence: Apollo 11 back down to Earth?

It’s official. I’m a fully signed up member of Sky TV. I get to indulge in the football, my wife gets US dramas and we both get the F1. My family’s view? That we’ve ‘gone posh’… Yes, Sky TV is viewed with incredulous eyes within our family clan.

Why do I suddenly sound like a satellite TV salesman? Well, recently, on a whim, I recorded a program about the 1969 moon landing on the TV, which was excellent and marked the 50 year anniversary of Apollo 11’s landing on the moon. One of the most fascinating aspects of the show concerned interviews with NASA engineers who knew that one incorrect/flawed part on the shuttle could lead to mission failure and/or the deaths of the astronauts in front of the watching world. In fact, such were the risks that President Nixon had a printed speech ready in the event the astronauts died.

What does this have to do with employment law? Well, unbeknown to some, it is possible to dismiss a member of staff for ‘gross negligence’ and, being an employment law aficionado, the programme set me to thinking about this little-used reason for dismissal.>

You’re fired? – Trump v UK Ambassador row

Another week, another news story related to Donald Trump albeit, this time, definitely not ‘fake news’. In summary, an unknown individual leaked a diplomatic cable from Sir Kim Darroch, the UK Ambassador to the USA, in which Sir Kim called President Trump “insecure” and “incompetent”.

Following this, and without an absence of irony, President Trump then demonstrated that alleged insecurity by announcing that his administration would no longer speak with Sir Kim and, long story cut short, Sir Kim resigned his position.

Rather than focus on the political side of things, this story is interesting because it reflects a common fear of many employers, namely an employee leaking highly confidential information to hurt them. In this case, it is very likely that a civil service or staff member leaked the information to hurt Sir Kim’s position (and, in that sense, they were ultimately successful!)

Let’s have a quick look at the employment law impact of a similar situation. So, within our hypothetical example, we have Rule Britannia Mugs Ltd, who sell British branded mugs to other countries. Their biggest customer is White House Trading PLC in the USA, who love mugs displaying pictures of red telephone boxes, London buses and union flags! However, an employee leaks an email from the Finance Director within which the Director states ‘we needn’t worry about quality, Americans will buy any old tat’ and it becomes viral on social media. What happens next?

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.