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Castle Tribunal Roundup February

Published 16 February 2015

Our roundup of the employment tribunal cases making headway in the news. This month we see the first glimpse of employee and employer going head to head over the relatively new phenomenon of e-cigarettes; a tribunal rules as to whether or not obesity should be classed as a disability; a bitter marital brake up spills over into the workplace and leads to the tribunal; yet again we see NHS whistleblowers being treated unfairly for showing concern for their patients and finally we revisit the case of holiday pay calculations.

 

First vaping tribunal ruling sounds warning for employers

Organisations should ensure their smoking policies cover e-cigarettes

Many employers are still unsure about how best to manage the use of e-cigarettes on their premises as they are still a relatively new phenomenon.

The recent case of Insley v Accent Catering, one of the first employment tribunal decisions to address this issue, considered whether an employer had acted fairly in taking disciplinary action against an employee for using an e-cigarette on a client’s premises.  Full story at cipd.co.uk.

Tribunal rules in favour of obese worker

An employment tribunal has found that obesity can be considered a disability in the workplace in Northern Ireland.

The ruling was made on a case brought by a former worker at Randox Laboratories.

The decision means that workers who suffer abuse on grounds related to their obesity will be able to pursue their employer and abuser in a tribunal. Full story at www.u.tv.

Church leader and deacon husband in legal war which began with unholy row at wedding reception

A CHURCH pastor has emerged victorious from an unholy legal row with her deacon husband after their marriage made in heaven came to a bitter end.

And, both sides agree, it began to unravel during the WEDDING RECEPTION. The sorry story emerged as God-fearing Deborah Harrison and Allan Lavington – leading lights at Ladywood’s Ecclesia Ministries Church – were set to lock horns at Birmingham Employment Tribunal. Read the full story at birminghammail.co.uk.

Nurse sacked after whistleblowing on colleagues

A NURSE who was sacked after blowing the whistle on staff at a care home where an elderly patient is believed to have choked to death has been awarded more than £23,000 at an employment tribunal.

Karen Hainey, a former worker at Glennie House in Ayrshire, has told how her life was "turned upside down" after she made a protected disclosure about the standard of care at the home - leading to the dismissal of three members of staff and the resignation of two managers.

Full story at http://www.heraldscotland.com/news/home-news/nurse-sacked-after-whistleblowing-on-colleagues.118286687

Holiday pay: employment tribunal hears case on inclusion of commission

The extremely significant holiday pay case on whether or not the calculation of paid annual leave should take account of commission returned to the employment tribunal last week. We review the story so far.

In the case of Lock v British Gas, Mr Lock, a sales consultant with British Gas, brought a claim to tribunal for outstanding holiday pay on the basis that it did not reflect what he would have earned from commission.

On top of his basic pay, he is paid monthly commission, which fluctuates based on his sales.

Read the full story at http://www.personneltoday.com/hr/holiday-pay-employment-tribunal-hears-case-inclusion-commission/

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