Victimisation is a word which is often used incorrectly. Victimisation is a particular kind of discrimination which occurs when an employer treats an employee badly (a detriment) because they have done a ‘protected act’ or the employer believes that they have done, or may do, a protected act. That protected act can include bringing a discrimination claim, raising allegations of discrimination, or being a witness in a discrimination claim. The EAT has looked at a case recently where the employment tribunal got things wrong in terms of what could constitute a ‘detriment’.
Case law has shown that an employee’s right to privacy is not reduced to zero at work. Article 8 of the European Convention on Human Rights provides that everyone has the right to respect for their private and family life and correspondence. Any breach of that right can result in a misuse of confidential information claim. In Barbulescu v Romania, the employee was dismissed for personal internet use which was banned at work. The employer accessed private emails which the employee had sent to his fiancé and brother as well as his private Yahoo messages from his work computer. The ECtHR said the employee’s right to privacy had been infringed. It is a balance though. In the recent case of Brake v Guy, the Court of Appeal decided that an employer did not breach any privacy rights when accessing an employee’s personal emails.
Notice is normally needed in order to lawfully end an employment contract. A failure to give notice – by either party – will usually be a breach of contract. Many employers include PILON – payment in lieu of notice – clauses in employment contracts to enable them to end employment early provided they pay the correct notice pay. If an employee resigns, there will be no dismissal. However, s95 Employment Rights Act 1996 says that an employee is dismissed if the employment contract is terminated by the employer, with or without notice. The EAT has looked at a case where the employee resigned but the employer ended the contract before the notice period had ended by making a payment in lieu of notice. The employee said he had been dismissed and was therefore entitled to bring an unfair dismissal claim.
The government has confirmed that it has accepted the views of the Low Pay Commission and apply the following increases in the National Living Wage and National Minimum Wage from 01 April 2022:
Even for seasoned employment law practitioners, the decision of P&O to sack its entire workforce with no notice and by pre-recorded video came as a shock. No warnings, no consultation, no in-person discussions. Such was the shock and speed of the dismissals that some employees were unable to gather all their belongings in time. P&O’s plan is to reduce costs by replacing the entire 800-strong workforce with much cheaper agency workers to whom they believe the UK’s national minimum wage rules will not apply.
Nathan Hughes joined Bermans in February 2022 and is Solicitor in our Corporate team based in Manchester.
He works with SME’s and owner managed businesses and is experienced in corporate law, merges and acquisitions, corporate finance and investments, company law and business advice.
Nathan studied Law with Philosophy at The University of Liverpool and qualified as a solicitor in 2021.
Outside of work, he has an interest in castles and has visited many in Wales and England, with his personal recommendation being Harlech Castle in North Wales. He also enjoys playing guitar and science fiction.
Nikhil joined Bermans in October 2022 and is a Trainee Solicitor currently working in our Corporate Team.
He predominantly assists the team with a variety of corporate transactions such as incorporations, mergers and acquisitions, corporate finance and restructuring.
Nikhil graduated from Manchester Metropolitan University with a Law Degree in 2019 as well as a Distinction in the Legal Practice Course in 2021.
Outside of work, Nikhil enjoys playing a variety of sports such as football and tennis. He is also a passionate Manchester United supporter.”
Outside of work, Nikhil enjoys playing a variety of sports such as football and tennis. He is also a passionate Manchester United supporter.
As we are moving towards the second anniversary of the pandemic it is worth pausing to reflect that, after some initial reluctance, technology has been quite successfully embraced both by lawyers and also by the courts to keep the system running.
Obviously meetings between lawyers and clients have largely been replaced by virtual contact through Microsoft Teams and Zoom, but virtual contact has now taken a firm foothold in relation to the litigation process.
Readers may recall our lengthy article on the somewhat contentious schools leasing issue in a recent Briefing following the High Court judgment in the Schools Facilities Management case which can be found here.
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