Dismissed for saying that men are men and women are women

As I mentioned in the introduction to last month’s newsletter, the end of 2019 brought with it the most-talked about employment case of the year, even though it was a tribunal decision rather than coming from one of the higher courts, and is therefore not binding on other tribunals. Those (like me) who follow current…

Former chambermaid wins unfair dismissal claim after being sacked for having ‘dementia or Alzheimers’

Wendy Boyle was employed by the Respondent Steve Brundle, a Director of North Norfolk Ltd who are owners of the Dormy House Hotel, West Runton.  Mrs Boyle was employed from September 2015 – February 2018, seemingly without issue, until Mr Brundle dismissed her stating that he had no further need for a chambermaid as he…

Christian doctor David Mackereth loses trans beliefs case

You may recall my post back in July of this year, detailing the case of Christian doctor David Mackereth, and his claims that his contract had been terminated due to his refusal to use transgender pronouns. By way of a very brief summary, when starting a new role as a contract worker at the DWP…

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’.

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).

Christian doctor’s contract ‘terminated’ for refusing to identify transgender patients

A Christian doctor who was training to be a medical assessor for the Department of Work and Pensions (DWP) had his contract terminated due to his refusal to use ‘transgender pronouns’, he has claimed to the Birmingham Employment Tribunal.

Dr David Mackereth, who had 26 years’ experience as an NHS doctor, was asked to refer to patients in accordance with their chosen gender identification. However, he responded that he would have a problem with this as he believed that gender was defined by biology and genetics, telling the Tribunal that he would not refer to “any six-foot tall bearded man” as “madam”.

He states that he was suspended as a disability claims assessor in June 2018, and his contract subsequently terminated.

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!

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).

More sexual harassment claims in law firms

While many firms are very forward looking, it is apparent that the old “Mad Men” culture is hanging on in several locations, not least in law firms, even if in isolated pockets.

A couple of weeks ago, Lloyds of London announced a zero-tolerance approach to sexual harassment after it had been called “a meat market” and “institutionally sexist”. In response to recent allegations of harassment, Lloyds has announced that it will impose lifetime bans on anyone found guilty of “inappropriate behaviour”, as well as banning daytime drinking, again with a complete ban from the market for those who breach the rules.

Judging by recent reports, it seems that several law firms could benefit from considering what steps should be taken to contain the actions of their owners and employees

In Harrison v Riaa Barker Gillette LLP, a case heard over 11 days in late 2017 and early 2018 but in respect of which the judgment wasn’t published until late March 2019, the employment tribunal was asked to consider complaints sex discrimination, victimisation and harassment brought by Ms Harrison, formerly a partner and head of employment with the Respondent, a commercial and private client law firm based in the West End.

Ms Harrison joined the firm in December 2012 and was at the time the only female partner. She described ” a male dominated environment where inappropriate sexist and sometimes racist behaviour was tolerated, and on occasions laughed at”, with partners engaging in puerile banter.

White, heterosexual, male candidate discriminated against, when applying to Cheshire Police

Equality and diversity issues are very much to the fore in modern life. Routine behaviour which would have been acceptable just a few years ago, e.g. “characterised as banter”, is now out of the question, and there is a far greater awareness of equality and diversity in all aspects of life, not just in the workplace.

Last December I highlighted an example of a situation in which ostensibly laudable diversity objectives were taken too far and it now appears that Cheshire Police has fallen into the same trap, this time in the context of recruitment procedures.

Matthew Furlong was keen to join the police force, following in the steps of his father, a detective inspector. In 2017 he applied to join Cheshire Police. At his interview he says that he was told that “it was refreshing to meet someone as well prepared as yourself” and that he “could not have done much more”. He duly passed the interview and assessment stage.

As observed in the Tribunal judgment, Mr Furlong is a white heterosexual male without a disability. In November 2017, notwithstanding his successful interview and assessment, he was told that his application had been unsuccessful. Cheshire Police claimed that they had applied positive action measures pursuant to section 159 of the Equality Act 2010. Mr Furlong maintained that Cheshire Police treated successful candidates with protected characteristics more favourably than he was treated, but unlawfully because they were not as well qualified as he was and because there was a policy of treating persons with protected characteristics more favourably in connection with recruitment than others who did not have such characteristics. The result, he contended, was that this approach was not a proportionate means of achieving a legitimate aim.