Illness, heavy lifting and unpredictability – How NOT to deal with pregnant individuals

Employment Law is a HUGE area.  I mean, after all, I never struggle for a blog-related topic due to Employment Law covering everything from unpaid ‘discretionary’ bonuses, unfair dismissal, unreasonable denial of job vacancy due to disability, discrimination due to being a part-time worker, breach of contract due to pension-related ageism and, of course, discrimination…

Should Batman work in HR?

Last night, I watched the middle half of The Dark Knight Rises (the final Christian Bale Batman movie). It wasn’t planned and we didn’t even finish the move as it was part of a social evening with guests which ended in a random film to half chat over. However, there was one scene which caught…

No Claus for alarm – Santa’s Employment Law issues!

Christmas is here! Why do I say that? Well, partly because I watched Elf last night (and if you’re a big Elf fan, I recommend my blog on Buddy the Elf here) and, also, because I’ve got tickets to visit Friends Fest in London and Love Actually at the cinema within the next week –…

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: 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?

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).