The claimant was asked about the age of her children out of the blue in a meeting clearly designed to assess the claimant’s suitability for the post. The tribunal did not consider that a man would have been asked this same question.
The tribunal found that she had been directly discriminated against because of her sex.
I normally say don’t be afraid of contacting staff who are off sick. But maybe contacting a member of staff 11 times in 3 weeks could be seen as harassment, throw in a birthday card and she wins her claim!
The claimant was off sick for work-related stress and asked for minimal contact.
The judge said:-
The effect of the repeated contact was to create a hostile and intimidating environment for the Claimant. She had said, in clear terms, that contact from the Respondent made her emotional. We have no difficulty in concluding that, subjectively, the effect for the repeated conduct was to create a hostile and intimidating environment for her.
I would recommend that you have a clear communication plan with an employee who is off sick. They will know when to expect communication from you and when they are expected to contact you.
If you need any help with absence management give me a call.
Judge Holly Stout said: “The workers while on the minibus were not working in any ordinary sense. They would have been free to talk, snooze, read and, if they had the necessary electronic devices, to listen to music, watch a film or spend their time applying for more agreeable employment. They were, in short, not working, but travelling for the purposes of the time work, which began on arrival at their destination and ceased when their poultry work was done and they awaited the minibus to take them home.”
If you need clarification on what should be paid working hours, please give me a call.
Watch this space for all things new employment law.
Here’s a taster of what Labour have in store:
•Day one right for unfair dismissal
•ET change to 6 months from 3
•Statutory right to Bereavement leave
•Make flexible working the default from day one for all workers except where it is not reasonably feasible
•Focus on harassment in the workplace and third-party harassment
•Menopause plans
•Focus on well being of employees, especially for long covid
•Paid leave for carers
•Make statutory sick pay available for all workers
•Parental leave changes – day one right
•NMW – one rate!
•Banning zero hour contracts
•Written statement for self-employed people
•Sleeping shifts
•Travel time
•Right to disconnect
•Tip law
•Merge workers and employee categories
I always recommend that employers should have contracts in place for their self-employed individuals.
Why?
So you can confirm their status for one (i.e not an employee!), but also it’s great practice so you know where you stand and they know where they stand – with regards to service levels, payment etc…
However, Labour plans to give self employed workers the right to a written statement, under their employment plans.
So why not get ahead of the change and get them in place now.
Give me a call for all types of contracts including self employed and service agreements.