News & Legal Updates

During Bruce’s appeal hearing, he alleges that the chemicals used to make up the pills were not properly labelled, in breach of health and safety legislation. Bruce states that it was only a matter of time before somebody else made his mistake. Does Bruce’s statement make him a “whistle blower”?  If so, does Bruce have a claim for detriment against his employer?  What should the appeal officer (J.A.R.V.I.S.) do to avoid a claim by Bruce? 

So Bruce has been dismissed. However, he has appealed the decision to dismiss him. His letter states that he has rheumatoid arthritis and this causes him to have sore fists. Does Bruce’s condition amount to a disability? If so, what investigation, does his employer need to carry out at the appeal stage about his “disability”? Is Bruce’s dismissal discriminatory even if the decision to dismiss him was reached before the employer knew about his disability? And how exactly do you pronounce the claimant’s name in the case of “Baldeh” versus Churches Housing Association of Dudley and District Limited? Donna has all the answers…

Following his dismissal, Bruce is annoyed with SHIELD and phones HR. During the call he is upset and complaining about the way he has been treated and mentions he wants to see information that supports the allegations made. He finishes the call by vowing to “make SHIELD sorry” for messing with him (with flecks of green appearing in his eyes)! The next day, an email is received from Betty Ross on behalf of Mr Banner requesting copies of his personnel files relating to the disciplinary offence.

Simon and Jack discuss Bruce’s circumstances. Bruce has requested an adjournment of the disciplinary hearing. Ms Potts, the employer’s HR Manager, allows Bruce’s request and tells Bruce that the meeting will instead take place the following week. The day before the adjourned hearing, Bruce submits a fit note, stating that he has sore fists and is unable to attend the meeting. The meeting takes place in his absence and Bruce is dismissed.

According to the Department for Work and Pension’s Family Resources Survey, 21% of working age adults in the UK reported having a disability. The DWP collects statistics in line with the Equality Act 2010 definition: a mental of physical impairment that has a substantial long-term adverse effect on a person’s ability to carry out normal … Continue reading "The hidden challenges of invisible disabilities: 4 ways to avoid discrimination in the workplace"

Simon, Jack and Duncan discuss Bruce’s situation. Bruce is employed as a scientist. His employer receives an anonymous complaint. Tony, the Managing Director, chooses to investigate the complaint and then instructs his HR Manager to dismiss Bruce.

Simon, Donna and Jack discuss Bruce. Bruce is employed as a scientist. He makes a serious error in his job and his employers are considering whether or not that error amounts to gross misconduct. Ultimately Bruce’s employers choose to do nothing with him on the basis of his early admission, his reflection and his remorse. However the following week, an anonymous complaint is received by his employers. The complaint is alleged to have been received from Bruce’s colleagues. The complaint alleges that Bruce has knowingly made errors in the past. The complaints ends by stating, “Speak to Rick. He will back up what we say”. What should the Managing Director, Tony do?

In this episode, Simon and Jack discuss Bruce. Bruce is a scientist. He has been employed for 19 years. Clean disciplinary record. His job involves dispensing drugs for his employer. One day, Bruce makes an error and mistakenly mixes up the drug dosages. Fortunately, Bruce’s employer picks up this mistake and the pills are not sent out. However, Bruce’s employer is angry that this mistake has been made. So the legal question is, can the employer discipline – and even dismiss – Bruce for this?

On 14 January 2019 the legislative framework of intellectual property law in the UK was updated, following an update to the law at EU level. This provided for the removal of the requirement for trade marks to have ‘graphical representation’, typically either a word or a logo. This may seem a minor change, but it … Continue reading "‘Non-traditional’ trade marks"

It’s been 365 days since the GDPR was implemented into the UK through the Data Protection Act 2018.  A lot can change in a year but unfortunately a lot of the same old myths...