Welcome to Vista’s Employment Law video library. Here’s our suite of videos which include; employment law advice for employers, Q&A’s and generally our view on the world…we hope you find them useful!
Stephen Foster spends some time looking at where we are in the latest holiday pay saga.
Managing the Return to the Workplace
Lesley Bovington and Stephen Foster discuss the return to the workplace following the Covid-19 pandemic. What does this mean legally for Airbus, and what should we be thinking about doing in order to help our colleagues return?
P&O Ferries: What’s Going On & What Employment Law Lessons Can We Learn?
The news is rife with the announcement that P&O Ferries have sacked 800 workers without notice. Stephen takes a quick look at what's going on at the organisation and what employment law lessons we can learn. [update] In response to outrage surrounding P&O’s actions, the government has pledged plans to publish a new Statutory Code of Practice around the use of "fire an rehire", detailing steps employers should take to ensure a fair process. While no details have been announced, it is understood Tribunals will have power to add a 25% uplift to employee compensation if employers unreasonably fail to follow it. We’ll keep our eye on this as it develops. For more guidance on managing redundancy situations please visit the redundancy section of our resource hub here.
Working Time Directives – Update on New Judgement – CCOO v Deutsche Bank
The case of CCOO v Deutsche Bank was featured in March’s edition of InView for Airbus, and looked at whether organisations were required to keep records of daily working time. At the time we had an opinion from the Advocate General, however we have an update from The European Court of Justice. Claire talks us through it here. An interesting opinion from the advocate General on working time records in the case of CCOO v Deutsche Bank.
Discrimination Arising from Disability – Baldeh v Churches Housing Association
Claire Rosney looks at the case of Baldeh v Churches Housing Association, where Ms Baldeh was dismissed over concerns about her performance and behaviour. At her appeal hearing she said that her behaviour was caused by depression. When she was dismissed, she brought a claim of discrimination arising from disability.
Age Discrimination – Heskett v Secretary of State for Justice
In the case of Heskett v Secretary of State for Justice, employees were hot under the collar when a change to probation officers’ pay-scales meant that younger workers took longer to get to the top of the scale and were paid less than their older colleagues. Here’s the full case and the learnings we can take from it, with Claire Rosney.
Unfair Dismissal – Covert Recordings – Phoenix House v Stockman
This is a very interesting case covering covert recordings. Chris MacNaughton talks us through the key aspects of Phoenix House v Stockman.
Agency Workers – Kocur v Royal Mail
Can an agency worker use the AWR to insist on the same hours as a permanent employee? The Court of Appeal has looked at this issue in the case of Kocur v Royal Mail. Claire Rosney covers the case in this short video.
Vegetarianism & Philosophical Belief – Conisbee v Crossley Farms
Claire Rosney discusses whether vegetarianism and veganism is protected under The Equality Act following the case of Conisbee v Crossley Farms.
Sexual Harassment – Raj v Capita Business Services
Abi Alemoru focusses on the case of Raj v Capita Business Services and whether a massage from a manager was sexual harassment or not.
Race Discrimination – Base Childrenswear v Otshudi
The case of Base Childrenswear v Otshudi recently went to the Court of Appeal. Claire Rosney talks us through the decisions from the Tribunal, and what we can learn from them.
Off the Record Conversations – Harrison v Aryman
Stephen Foster looks at the recent case of Harrison v Aryman – and in particular reminds us of the limits to protected conversations.
Parental Leave – Hextall vs Chief Constable of Leicestershire Police
In Hextall vs Chief Constable of Leicestershire Police the Claimant tried and failed to extend the definition of sex discrimination to establish a right to enhanced shared parental pay. Despite convincing the Employment Appeal Tribunal that there was potential for an indirect discrimination claim when employers enhance maternity pay but not shared parental pay, Mr Hextall was unable to persuade the Court of Appeal. Suzanne reviews the case and what it means for Airbus in this video.
Unfair Dismissal and Permanent Health Insurance – ICTS v Visram
The case of ICTS v Visram deals with the tricky issue of a medical capability dismissal in a case where the employee has a contractual entitlement to permanent health insurance. View the full case in the May edition of InView for Airbus.
Vicarious Liability – Shelbourne v Cancer Research UK
When can an employer be vicariously liable for the acts of employees? In Shelbourne v Cancer Research UK the High Court held that the employer was not liable when one employee injured another on the dance floor. Abi Alemoru explains what implications this case may have for the Airbus team.
Suspension and Constructive Dismissal – Agoreyo v London Borough of Lambeth
Suzanne takes us through the well publicised case of Agoreyo v London Borough of Lambeth where the Court of Appeal looked at the decision to suspend a teacher and whether it resulted in the employee being constructively dismissed.
Holiday Entitlement: Frequently Asked Questions
Senior employment lawyers Claire and Stephen answer some of the top questions we get asked about holiday pay and entitlement.
Menopause at Work
ACAS have released some new guidance on Menopause in the Workplace. Tim Cross talks us through the guidance and why it’s so important to raise awareness of the condition in this short video.
Unfair Dismissal & the Role of the Investigator
The case of Uddin v London Borough of Ealing serves as a good reminder of the responsibilities of an investigator. Vicky and Luke discuss the case.
EHRC Guidance on Harassment
It’s an 84 page document, but we have summarised the most important points for you in this short video.
How to Close Down Grievances
Claire takes a look at the steps employers can take when an employee is continually raising the same issue.
Whistleblowing – Royal Mail v Jhuti
Royal Mail v Jhuti presents an interesting case on a topic that we have seen in two or three cases recently – Whistleblowing.
Sex Discrimination – City of London Police v Geldart
Claire Rosney discusses the learning points for the Airbus team from the recent case of City of London Police v Geldart.
What to Do When an Employee is Off Sick with a Pending Investigation
Often employees think that by getting themselves signed off sick they can avoid disciplinary proceedings. As HR professionals, we know that this is not necessarily the case. Here’s our top tips on how to approach a situation like this.
Stephen Foster talks us through a recent case from the ECJ concerning holiday pay and carry over.
Dismissal During Probation due to Sickness: What Can Employers Do?
Probationary periods and sickness absence are not two ingredients that make for a smooth employment relationship. Whether employers can dismiss during probation due to sickness is a question that arises frequently at Vista HQ, and so we spent some time with Claire, who tells us what employers can and should do in this situation.
Managing Sickness Absence and Ill Health: Not the Best Person for the Job
Senior Employment Lawyer at Vista, Claire Rosney answers a frequently asked question from Vista HQ: Do employers have to offer an alternative role to a disabled employee, or can they require them to interview?
TUPE Transfers & Workers
Tim Cross talks us through this TUPE case which could put a cat amongst the pigeons.
Final Written Warnings – Beattie v Conderrat
Claire discusses the case of Beattie v Conderrat where the connection between a final written warning and a subsequent dismissal was examined. She talks us through what the Airbus team can take from the case.
Should Employers Offer Full Pay on a Phased Return to Work?
Do you have to pay an employee on a phased return full pay? Suzanne Pipe discusses in this short video.
Unfair Dismissal – Ball v First Essex Buses
Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal recently. Ball v First Essex Buses looked at the range of reasonable responses test in conduct dismissals and shows how an employer can come unstuck even in seemingly clear-cut cases.
Managing Sickness Absence: Too Ill to Talk?
Managing an ill health situation where an employee says they are too ill to talk, or attend meetings requires a careful and considered approach from managers and HR teams. Suzanne Pipe, one of our experienced employment lawyers at Vista talks us through the right approach.
Dismissal for Long Term Sickness – Awan v ICTS
Can an employer dismiss an employee for capability reasons when they are contractually entitled to long term disability benefits? No, not fairly, the Employment Appeal Tribunal has said in Awan v ICTS.
Disability Discrimination – Lamb v The Garrard Academy
The law of disability discrimination is regularly challenged. In Lamb v The Garrard Academy, the Employment Appeal Tribunal looked at when constructive knowledge of a disability will arise in practice. The employer in this case had not had confirmation that the employee’s condition would amount to a disability. However, the EAT held that the employer was in possession of facts which should have led them to ask more questions. Had they referred Ms Lamb to OH, it would have been confirmed that her condition was a disability. As a result, the employer was deemed to have constructive knowledge. This case demonstrates that failure to ask obvious questions and/or seek medical advice will not enable an employer to plead ignorance or avoid obligations in relation to disabled employees.
Whistleblowing & Defamation – Ibrahim v HCA
In Ibrahim v HCA, the employer challenged a whistleblowing claim on the grounds that the disclosure did not meet the public interest test and the EAT agreed that the employee had not fulfilled that aspect of the test. Although, it is worth remembering that seemingly ‘personal’ disclosures have been held to be in the public interest so employers should proceed with caution when considering disclosures that could be protected.
Unfair Dismissal – Spaceman v ISS Mediclean
The case of Spaceman v ISS Mediclean also looked at the employer’s reasoning in relation to a dismissal. In this case it was a short service dismissal, where the reason can be key as it will determine what if any claims the employee has the right to bring. Mr Spaceman claimed that he had been dismissed because he had asserted a statutory right (an automatically unfair reason for dismissal). However, the EAT did not agree and his claim failed on the grounds he had complained to his employer about something he believed they were going to do rather than something they had done. This could not amount to a breach of a statutory right as it had not yet happened.
A Guideline on Employee Record Retention
Article 5 of the GDPR states that personal data shall be kept no longer than is necessary for the purposes for which it is being processed. Understandably many HR teams want to know what this means in practice. However, with the exception of a few statutory requirements, there is no defined retention period for most HR records. We’ve looked at where there are statutory requirements and considered time limits for potential UK tribunal or civil claims and put together some suggested employee record retention periods.
Suspending an Employee
So, you’re thinking about suspending an employee. Before you send them off on a paid holiday, it’s important to ensure suspension is the right way to go. Suzanne Pipe, Employment Lawyer at Vista talks us through the key considerations in this video.
TUPE Transfers: Will TUPE apply when I win a new contract?
Try not to be fooled by your colleagues (even if its all of them!) saying that TUPE doesn’t apply for this new contract. We’ve seen plenty of situations where everyone in the bidding organisation believes TUPE doesn’t apply, and it does. It’s important to consider the tests yourself or check with your legal advisor when the topic arises. Tim walks us through...
TUPE Transfers: What are the key considerations for the Transferee?
If you find yourself in the role of transferee in a TUPE situation, it’s time to think commercially about the new relationship(s) you are inheriting. Tim, Director of Employment and Legal Affairs at Vista discusses the key considerations for a transferee.
TUPE Transfers: What are the key considerations for the Transferor?
As a transferor in a TUPE situation, it might be unclear what your obligations are. Tim answers a couple of key questions on this topic.
The Top 3 Questions we Always get Asked About: Employment Tribunals
Abi, our Director of Litigation answers your top questions about the employment tribunal.
How to Win an Employment Tribunal
Let’s face it, no employer wants to lose an employment tribunal. Abi Alemoru, Director of Litigation at Vista spends 2 minutes taking employers through the key ways to get a positive outcome in the employment tribunal.
Redundancy Advice for Employers: The Top Five Questions We Always Get Asked
Vista’s employment lawyers provide redundancy advice to our clients regularly, so, we spent an afternoon on the sofa with Tim Cross, Vista’s Director of Employment and Legal Affairs, and asked him the top five redundancy questions which always come our way. He answers them here. If you'd prefer to read - visit the blog here.
Section 188: When Does the Obligation to Collectively Consult Apply?
Tim Cross, Vista’s Director of Employment and Legal Affairs talks us through when Section 188 applies.
How to Prepare for an Employment Tribunal
Employment tribunal claims have risen by 90% since the abolition of employment tribunal fees in July 2017. The rise has led to a new ‘frequently asked question’ here at Vista; how to prepare for an employment tribunal from a witness’s perspective? We got together with Darren Maw, MD of Vista (called to the bar in 2000) and Abayomi Alemoru who has over twenty-five years’ experience of Employment Tribunal advocacy, and asked them how a witness prepares for a tribunal. Here’s their guide.
Do you have to Enhance Shared Parental Pay?
The case of Hextall vs Chief Constable of Leicestershire Police has raised serious questions around enhanced maternity pay, and shared parental pay. In this video Darren asks Karnis all there is to know about the ruling.
Managing Football Fans During the World Cup
On the horizon of World Cup season, rather than focussing on the football we look at how HR professionals can manage their football fans during the tournament.
GDPR for HR: 3 Things Employers Need to Know
Karnis and Tim discuss three GDPR tasks that need to be top of HR’s agenda before 25th May 2018.