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.

Mourinho sacked: Liverpool FC turn Jose’s Christmas blue

So, the seemingly inevitable has happened.  Jose Mourinho has, after weeks of speculation, been sacked by Manchester United. The writing was largely on the wall, of course, given Jose’s continuing propensity to flick between extreme defensiveness and pettiness during press conferences, his verbal attacks on his players and the side’s consistently poor performances under his stewardship.

However, before the Liverpool FC game, the accepted wisdom was that Jose would see the season out (Louis Van Gaal-style) and then be dismissed at the end of the season. Naturally, given that Manchester United were so overwhelmingly outperformed in the derby game last weekend, it is perhaps not too surprising that the Manchester United board saw the need to take more immediate action.

Obviously, the situation with football manager contracts are usually different to ‘normal’ Contracts of Employment by way of being fixed-term (i.e. for a number of months or years) rather than rolling continuously until notice is given.  In this way, there will be the need for negotiations to end Jose’s Contract but, these things aside, he is immediately removed from his position as Manager.

For the purposes of this blog, let’s treat Jose as being in a ‘normal’ employee situation and see whether he would have fared any better.  So, hypothetically speaking, let’s say that Jose was a Production Manager in a warehouse for a company called Trafford Trailblazers and that the company produced various industrial items and delivered them to customers and let’s now consider what his recent actions would have meant within that more ‘regular’ role.

The Santa Clause – Employment Law Troubles in Lapland

Yes, Christmas is nearly here and, as with most years, Santa Claus is at the centre of shop displays and advertisements.

However, in recent years, Santa has faced a lot of competition, mostly from online retailers.  This is a natural consequence of Santa not having an online presence but, obviously, Santa remains reliant on Christmas spirit, rather than finances, to run his operation.

Unfortunately, this doesn’t prevent Santa from having employment law-related issues in Lapland and, as per usual, he needs a bit of advice to ensure that Christmas isn’t cancelled!  So, let’s snowand help Santa (sorry)!

The first issue this year is, weirdly, related to the General Data Protection Regulation 2018 (GDPR).  You see, both the reindeer and elves are paid in mince pies and, of late, there has been some friction due to the elves getting wind that the reindeer may receive more mince pies than them!  In particular, the elves fear that Rudolph receives double their allowance for the supposed reason of ‘needing them to keep his nose red and bright’!  Santa is very concerned that the elves, who are very technologically savvy (particularly as they build the latest computers and games consoles), may try and access the electronic files containing the reindeer mince pie allocations and, obviously, if that happens, he will have a data protection breach under the GDPR.  What should Santa do?

Was Ryanair’s dismissal of staff a bumpy landing?

It’s fair to say that Ryanair aren’t strangers to controversy.  Whether it be their pricing strategy, public statements or otherwise, they seem to attract publicity for many reasons, whether good or bad.

Given their nature for publicity, it was perhaps predictable that the media (and social media) would seemingly target Ryanair for dismissing six staff members photographed sleeping on the floor of a crewroom in a Spanish airport.  Indeed, on the face of it, it seems bizarre to punish staff who were ‘forced’ to sleep on the floor.

However, as with most situations, there is more to the story than the headline would suggest and, dig a bit deeper, and it seems that Ryanair may actually have had legal grounds for dismissing the six staff members for Gross Misconduct based on the publicised facts.

Now, as a starting point, naturally, you can’t dismiss staff for sleeping on a floor.  That would be ludicrous and completely unfair.  But, in this case, that isn’t why Ryanair dismissed their staff members.

So, why did Ryanair sack them?  What’s the big difference?  Well, put simply, Ryanair believe that the staff members ‘staged’ the photograph and did so with a view to damaging their reputation.  And, whilst people are perhaps inclined to automatically distrust the public statements of big companies in situations like this (and, instead, support the ‘underdog’), it appears that Ryanair has a point.

How can anyone judge this?  Well, put simply, because Ryanair published a CCTV video online showing the staff standing or sitting around and then appearing to agree to the taking of a photograph.  All the staff members then move over and arrange themselves in a close formation on the floor before an individual takes a photograph of them lying on the floor (which they weren’t doing before).

Great British Bake Off: When workplace tensions ‘knead’ solving!

cake

I don’t know who won The Great British Bake Off last night.  That’s a weird place to start a Bake Off-themed employment law blog, I know.  Unfortunately, my wife dozed off in the middle of the final last night, so we have to wait to watch the rest of it online tonight!

With the popularity of the show ballooning in recent years, more and more workplaces have decided to hold ‘Bake Off’ events to raise morale and/or raise money for charity.  I must admit to getting involved with such an event in my second week at a previous employer.

Just to set the background, I’d never properly baked in my life and so, obviously, thought that trying to bake a cake was the right way to win over my new colleagues.  Come the morning of the competition, from the outside at least, the cake looked fantastic.  The problem?  Firstly, it was a rather fragile two-tier cake, so I was forced to drive to work in no higher than fourth gear (to the utter joy of the traffic behind me) and, secondly, because the judge (who no doubt had been studying the critical technique of Paul Hollywood) called my sponge ‘ultimately disappointing’ and my dreams of Bake Off-style glory evaporated in an instant!

Why am I discussing this?  Well, Bake Off events in the workplace have the potential to cause workplace angst and, at very least, can cause staff tensions to rise.

Red Dead Redemption 2: Is ‘crunching’ actually voluntary overtime?

Cowboy Later today, the review embargo lifts on the biggest video game since Grand Theft Auto 5.  Even those of you not of a video gaming persuasion have no doubt noticed the constant advertisements online, on the TV and on the side of buses for “Red Dead Redemption”.

What is Red Dead Redemption 2?  Well, it’s an adventure game set in the Wild West with the almost mandatory mix of horse chases, gun-slinging and exploring a vast desert-esque landscape.

So, why is it such a big deal?  One word: Rockstar.  Rockstar are the equivalent of Apple 10 years ago.  By that, I mean that nearly every product they make receives rave reviews (at least 95% on average) and is known for its brutal, gritty storytelling.  As an example of their attention to detail, in some shape or form, work on this game has been ongoing for eight years with a budget larger than many Hollywood movies!

So, surely, eight years is more than enough to make a good game.  Well, yes.  But Rockstar want to make ‘extraordinary’ games not just good or very good ones.  And this, unfortunately for them, has led to a lot of media controversy over supposedly ‘voluntary’ overtime and the issue of ‘crunching’.

Let’s tackle the media controversy first.

Tick, tock: Will employees have longer to bring Employment Tribunal claims in the future?

Employment Tribunal fees. Simple, right? Everyone knows that employees ‘have three months to claim’ and that’s that? Not really. What about the fact that Equal Pay claims (and certain other types of claim) have a six-month time limit? That doesn’t tie into the presumption of simplicity. What about an employee who is dismissed on 2nd January and serves a 3 month notice period, so their last day is 1st April – do you count the three months from notification of dismissal or from their final day at work? How much does a period of Acas Early Conciliation extend any given time limit by? I could go on and on…

Overall, what is surely uncontroversial for both employees and employers alike is that simplicity is key. If everyone understands how long an employee has to bring a claim, everyone has the certainty of knowing the period within which to consider conciliation, negotiation and/or the obtaining advice regarding a prospective claim.

Working in a heatwave: It ain’t half hot (at work)

ice cream So, the heatwave might finally be over. Or is it? The weather forecast hasn’t exactly been bullet-proof recently. I’ve walked to work recently sheltering from the rain under an umbrella (despite predicted 34 degree sunshine) and towed an umbrella around during a day so ice cream-meltingly warm that it was worthy of Majorca…

Whichever way, I’ve received multiple (only partially jokey) messages asking whether it is ‘too hot’ to work or whether an employer’s dress code is ‘automatically waived’ when it gets ‘too hot’.

Unfortunately, from their point of view at least, there is no maximum temperature at which employers have to crack out the ice cream (albeit this isn’t the worst thing to consider morale wise!) and/or send employees home. Instead, employers simply have to ensure they comply with their duty to safeguard employee wellbeing under Health and Safety regulations. Some methods of doing this can include ensuring there is adequate drinking water, lengthening rest breaks (or providing additional rest breaks) for employees carrying out physical activities and/or providing fans for employees in hot environments. However, there are no mandatory requirements upon employers to cool things down other than to act to avoid foreseeable health risks to staff.

Making a splash: Can a van driver be dismissed for soaking pedestrians?

 I regularly get asked: “how far does employment law go?” It seems an odd question to ask but I understand that most employers simply mean: “can you investigate nearly every type of poor behaviour” to which my answer is normally “yes!”

There has been a widely reported news story this week that largely explains my usual response. Namely, this concerns the story of a van driver who was immediately dismissed for driving through puddles and intentionally soaking pedestrians in Ottawa, Canada.

As with many situations involving professional drivers, the misconduct was caught via the dashcam of another vehicle. In this case, the vehicle in front had a ‘bootcam’ recording events behind the vehicle which recorded a 40 second clip of the van driver in question intentionally swerving into large puddles (which he could have easily and safely avoided) in order to soak three pedestrians in a row. As evidence goes, there is practically no other reasonable interpretation for the video (which remains available online). Naturally, the video was quickly viewed by nearly 1 million people and the matter was also referred to the Canadian Police. The employer concerned quickly announced that the individual had been dismissed and, in turn, the Police praised the employer for acting decisively and announced that they wouldn’t take any further action further to the loss of employment.

Now, obviously, the above-mentioned events occurred in Canada, so the real question is whether the same thing would happen over here, particularly given that employment law rights are viewed as being more favourable to employees on this side of the pond.

How to avoid a French-style World Cup mutiny in the workplace

 Yes, the World Cup remains in full swing. Not that that is news. Even if you’re not a football fan, all the adverts for cheap flat screen TVs to ensure you are ‘World Cup ready’ and media excitement over England ‘getting out of the group stage’ would have done the trick.

Now, naturally, for most people, memories of recent World Cups include a ponytailed England goalkeeper flapping at a Brazilian cross/shot, getting humiliated at the hands of tiny nations (Iceland, anyone?) and, of course, hitting Row Z from the penalty spot against ze germans.

However, for me, one of the most controversial, shocking moments of recent years was the French squad effectively refusing to train at the 2010 World Cup! Just imagine you’ve waited 4 years for the World Cup to come round, you’ve played well enough to make your national team and then, as a team, after a huge training pitch row with management, you walk out of training (into the team bus) in protest at the manager! On that occasion, it was due to the decision to send Nicolas Anelka home after the striker had reportedly sworn at the manager, Raymond Domenech. Needless to say, team spirit hit a massive low and they limply crashed out of the tournament soon after. C’est terrible!

So, what happens in similar situations at work? What happens if a staff member commits an unacceptable offence ending in dismissal against their line manager and their colleagues then rebel against the manager in question?

Gender Pay Gap Reporting: Myth-busting

I write further to the deadline for Gender Pay Gap Reporting expiring last week. Much has been made in the media of that deadline being the day by which qualifying employers (i.e. those with 250 or more employees) have to submit the percentage difference in pay between their male and female staff.

The initial results? Nearly 80% of those employers who have responded (some haven’t) have reported higher pay levels to men than women.

So, that means that those employers are discriminating against women, right? Well, not necessarily. But the figures are there in black and white – surely, every employer with a higher pay towards males is inherently sexist? Not really.

The reality is that the figures are suggestive only and there are many legitimate reasons why pay may be skewed either way, whether towards males or females. Let’s take a look and bust some myths about the Gender Pay Gap Reporting.