We have almost all been there at one time or another. You have a “large” weekend so when Monday morning forces its way through the curtains the last thing you want to do is drag your hungover bones into work and face the world. For most of us though, if you do decide to take … Continue Reading
On April 22, the Sixth Circuit Court of Appeals issued a decision that clarifies that, for purposes of Title VII retaliation cases, an employee’s demand that a supervisor stop his or her harassing conduct constitutes protected activity under the statute. Affirming the findings of several district courts in the circuit, the appeals court held that … Continue Reading
The woman who was called “Crazy Miss Cokehead” by her manager has been awarded nearly £3.2m by an Employment Tribunal for sexual harassment, reportedly including £44,000 for injury to feelings and a further £15,000 in aggravated damages. We originally posted a blog on this story in November 2013 https://www.employmentlawworldview.com/crazy-miss-cokehead-when-banter-goes-too-far/. Following the liability hearing, the Tribunal … Continue Reading
In a sequel to our blog last year concerning Australian employers using expletives towards employees (click here), the Fair Work Commission was recently faced with the converse scenario, this time being asked to rule on whether an employer was entitled to summarily dismiss an employee who had inadvertently sent him a text message in which … Continue Reading
Most internal investigative processes are conducted in relative confidence and with as much discretion as possible. No such luxury for the BBC, forced (I will come back to that word) to carry out its process with Jeremy Clarkson in the full public gaze well before it can do so internally. Clarkson, already on a final … Continue Reading
Any skeletons in your workplace cupboards? Never too late to dust them down, it appears from the High Court’s decision in Williams -v- Leeds United Football Club earlier this month. Mr Williams had a 12 month notice entitlement from Leeds and a basic salary of around £200,000. On 23 July 2013 he was given notice … Continue Reading
Some reassuring guidance for employers on the conduct of disciplinary investigations from the Court of Appeal last week – not new law but a clear and helpful analysis of just how far you have to go to investigate an employee’s defence. Mr Shrestha was employed by Genesis Housing Association as a support worker, a role … Continue Reading
Right, that should be enough to scupper UKIP’s chances of bringing the UK out of Europe, so now onto the actual facts. The German Labour Court in Erfurt last week ordered the reinstatement of a garage mechanic dismissed for fondling the cleaner’s breasts. Cut and dried dismissal material, one might think, especially accompanied by his … Continue Reading
Every now and again you read about a case which makes you wonder whether you have just been spending time with Alice in Wonderland. The European Court of Human Rights (ECHR) has recently delivered such an out-of-body experience relating to freedom of speech where an employee “bad mouthed” his employer in the national press. Mr … Continue Reading
I have forgotten many things in my time – appointments, my wife’s birthday (just the once, that would be) and most of my O Level grades. On the other hand, I am pretty sure that I have not forgotten being in a helicopter over Iraq when brought down by enemy fire. Unless I had lived … Continue Reading
According to a lawsuit filed on January 22 in Los Angeles Superior Court, a young Target employee who had Asperger’s Syndrome (a high-functioning form of autism) committed suicide three days after being paraded through the store in handcuffs and taken away in a police car, allegedly as part of a Target disciplinary policy known as … Continue Reading
Stockbroker Rayhan Qadar caused something of a Twitter storm at the beginning of last week when he tweeted “Think I just hit a cyclist. But I’m late for work so had to drive off lol.” Within hours his tweet had gone viral and the local police had become involved, appealing for any victims to come … Continue Reading
Two recent cases from the French Courts are reviewed in this post, one a sensible relief and the other just frankly terrifying. First, an employee with more courage than realism claimed that the obligation of confidentiality in his employment contract restricted his freedom to practise his profession, and was therefore void. He was prepared nonetheless … Continue Reading
In a stylish hotel in the centre of Warsaw there is a laundry where, as usual for such places, linen and uniforms of the hotel’s staff are washed. High-quality industrial chemicals are used at the laundry which are not available in regular stores. One of the employees was very impressed with the efficacy of the … Continue Reading
Some generally reassuring guidance for employers from the Court of Appeal this month concerning the level of certainty required to legitimise the starting of formal disciplinary proceedings. Dr Mian worked at Coventry University when accused of complicity in the provision of falsely favourable references for a former colleague. A preliminary investigation was carried out by … Continue Reading
I’ll preface this blog by saying that I don’t play golf, nor do I really watch golf on television. I am firmly in Mark Twain’s “good walk spoiled” school on this one. The recent Ryder Cup however, I could get on board with. Pantomime cheering and booing like a TV talent show, fierce one-on-one competition, … Continue Reading
The National Labor Relations Board (“NLRB”) ruled that Illinois Consolidated Telephone Co. violated the National Labor Relations Act when it suspended striking switchman Eric Walters for making an obscene gesture. Specifically, Walters grabbed his crotch in a sexual gesture aimed at an employee crossing the picket line. While the Labor Board did find credible evidence … Continue Reading
There being only so much fun you can get out of someone breaking an egg on Nigel Farage, no wonder the Press has now turned to Jeremy Clarkson’s alleged use of a word beginning with N during the filming of Top Gear. Clarkson has not helped himself here, his ground shifting uneasily from (a) never … Continue Reading
We are often approached by employers who have a feeling that a departing executive has been up to no good, but it is rare that they can say precisely what has gone on. Perhaps a major client decides not to renew a contract without any explanation, a junior team member resigns unexpectedly because he “just … Continue Reading
While it is not beyond belief that students with tablets and smart phones might surreptitiously occupy their minds elsewhere during a lecture, this year’s Employmentlawworldview Oscar for Best Multitasking must surely go to the Swiss professor dismissed last week for watching porn while giving a lecture. What poise, what practice, what confidence that must take, … Continue Reading
A customer at a Morrisons supermarket petrol station entered the payment kiosk and asked the employee there whether it would be possible to print some documents from his USB stick. An unusual request, granted, but not in any way hostile or offensive, so the customer would surely have expected from this request no worse an … Continue Reading
Following on from Ellen Inglis’ piece on Kerry Miller, the Burton Albion Football Club administrator who sent ‘sexy selfies’ to players half her age, comes a tale from ‘football’ on the other side of the Atlantic, of players, cheerleaders, rules and mild condescension. The Oakland Raiders, with their skull and crossbones logo and rabid fans, … Continue Reading
If you have a Facebook account, you will have come across #Neknominate, the drinking game that has gone viral in recent weeks. The game involves shunning the age-old tradition of moderate drinking with friends in the same room at the same time and instead consists of players recording themselves downing an alcoholic drink and then … Continue Reading
Workplace relationships, petites aventures and flirtation between employees are a headache that many employers have to suffer. The management of workplace romance has become increasingly difficult with staff working longer hours and social media often blurring the lines between the professional and personal lives of employees. This issue was splashed across the press recently when … Continue Reading