Unfair dismissal case update A look at two recent Employment Appeal Tribunal (“EAT”) decisions on unfair dismissal. Is it unreasonable to dismiss for posting a racist joke on the company intranet? An employment tribunal (“ET”) considered a claim of unfair dismissal in the case of Vaultex UK Ltd v Bialas.  The employee, Mr Bialas, who had lengthy and exemplary service, had posted to the company’s intranet a joke which could readily be considered racist, relying on racial and ethnic stereotypes.  A disciplinary process began.  The employee was profusely apologetic at all stages an ..read more

Non-Compete Agreements in the STEM Sector – Considerations for Employers Non-compete clauses are increasingly prevalent in employment contracts, particularly in the STEM sector. They play a vital role in protecting the intellectual and human assets of a business. However, crafting effective and enforceable non-compete agreements requires careful consideration of various factors which are unique to the STEM industry. Understanding Non-Compete Clauses in STEM Industries A non-compete clause is a contractual provision that prohibits an employee from engaging in employment with a direct compe ..read more

Discrimination Case Update We look at two recent decisions of the Employment Appeal Tribunal (“EAT”) in relation to claims of unlawful discrimination. Religion and belief discrimination In our recent blog we considered the protection offered to philosophical beliefs, part of the protected characteristic of “religion or belief”, and how an employment tribunal should determine which beliefs qualify for protection.   The recent EAT decision in the case of Omooba v Michael Garrett Associates and Others suggests that some limits may exist in terms of the extent of protection offered to em ..read more

Enhanced Safeguards for Pregnant Employees and Returners from April 2024 As of 6 April 2024, the statutory right for an employee to be offered suitable alternative employment in a redundancy situation has been extended to: Employees who are pregnant and new parents who have recently returned from a period of maternity or adoption leave or from a period of at least 6 weeks of shared parental leave (“relevant leave”) The new regulations give such employees priority over other staff for any suitable alternative vacancies in the organisation. What changes have been made? Under current rules ..read more

Stress Awareness Month April 2024 Stress: Is it part of the job, or do workers need protection? Since the 1990’s, the number of workers self-reporting workplace stress, anxiety and ill health has increased year on year. Statistics from the Health and Safety Executive (HSE), show that on average 2,590 per 100,000 workers report stress or anxiety in the workplace. In Stress Awareness Month the opportunity arises for Employers to reflect on how they currently manage work-place stress and whether updates are needed to their organisational practices, policies and procedures. With an increasing tren ..read more

Home and hybrid working – the data security risks Various media outlets recently reported the unfortunate case of a BP employee whose husband (working 20 feet away) overheard her talking on the phone while she was home working, learning about a proposed acquisition by BP of a company called TravelCentres of America. This was price sensitive inside information which allowed the husband, Mr Loudon, to make £1.3M in unlawful profits by investing in the target company before the acquisition was announced. Mr Loudon has pled guilty to criminal charges of insider trading, his unfortunate wife h ..read more

Supporting employees who have suffered bereavement As an employer, offering leave in circumstances where an employee has lost a loved one is not just a legal obligation, but also a compassionate gesture that fosters trust, loyalty, and a positive culture in the workplace. Employers should be aware of their legal obligations regarding bereavement leave.  While there is no express statutory provision for paid bereavement leave, employees (whatever their length of service) have the right under the Employment Rights Act to take a reasonable amount of time off to deal with emergencies includin ..read more

The Perils of Presenteeism in the Workplace In the pre pandemic world, it was not uncommon for staff to spend at least 40 hours a week in a traditional office setting. For many, being physically present in the office, no matter how unproductive or ill they felt, was ingrained within their daily work life. Workplaces have undergone significant transformations since March 2020 with more employers embracing remote and hybrid work models. While some employees may spend fewer physical hours in the traditional office, the practice of presenteeism still exists with many employees still coming in to t ..read more

A different kind of gig… The gig economy, characterised by short-term contracts and freelance work as opposed to permanent jobs, has been increasingly influential across various sectors, including STEM (Science, Technology, Engineering, and Mathematics) in the UK. IR35 legislation in the UK is designed to determine whether a contractor is genuinely self employed or a “disguised employee” for tax purposes. For those working in the STEM sector, it affects how businesses engage with contractors and freelancers alike. There are a number of considerations for organisations within the STEM sector re ..read more

Protection of philosophical beliefs The issue of what amounts to a protected philosophical belief, has been an employment law “hot topic” for a number of years.  Some recent employment tribunal decisions have had to consider the position in relation to some fairly contentious areas. The Equality Act 2010 prohibits discrimination on grounds of religion and also “philosophical belief” (originally “similar philosophical belief” under the 2003 regulations).  The leading authority on what amounts to a protected philosophical belief is the Grainger case which says that, to be pro ..read more