Glasgow Employment Law Blog

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Former Chelsea Doctor Begins Employment Tribunal

A former doctor at Chelsea Football Club, Eva Carneiro, has begun her private employment tribunal hearing against her dismissal which she deems to be unfair. The tribunal offers the football club the last chance to reach a settlement with Carneiro before a public hearing in June.

As well as having an unfair dismissal against the current Premier League champions, the doctor also has a claim against the manager at the time of her termination, Jose Mourinho.

Carneiro is claiming constructive dismissal against Chelsea citing alleged victimisation and discrimination.

The incident which eventually led to her being forced from the club came on the opening day of the current Premier League season. After a player had suffered a head injury, Carneiro ran onto the pitch to treat him, angering Mourinho, who wanted to continue to play despite the injury.

Her presence on the pitch and the treatment of the player led to a touchline spat between the two. As a result of the dispute, Carneiro was banned from attending the ground on matchday and also banned from all first team affairs by Mourinho. As a result, she claims she was effectively ushered from the club. Critics stated that had Carneiro not gone on the pitch to treat the player she could have been dismissed for failing to act on her medical oath.

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Tribunal Rules B&Q Unfairly Dismissed 83-Year-Old Worker

An employment tribunal has ruled that B&Q unfairly dismissed an elderly worker from their branch in the East End of Glasgow.

Ivor Smith was sacked for gross misconduct after helping a customer with change at the firm's Parkhead branch in Glasgow in August 2014. He was dismissed as his till was open for more than three and a half minutes. However, an employment judge has ruled that he was unfairly dismissed, awarding him just under £5,000.

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Chef Wins Unfair Dismissal Case Against Glasgow Restaurant

A chef who was dismissed from West End restaurant Cail Bruich has been awarded over £15,000 at an employment tribunal after citing unfair dismissal.

Christopher Hillis, who has worked as chef de partie at the Glasgow restaurant, was being paid less than the minimum wage, and when he asked the owners of the restaurant about the wages, he received an abusive text message dismissing him a few days later.

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Scottish Government Bid to Scrap Employment Tribunal Fees

The Scottish Government has launched a bid to abolish employment tribunal fees after powers were transferred to Holyrood from Westminster.

The proposals, which were laid out in the government’s programme for 2015-16 will abolish employment tribunal fees once it is "clear on how the transfer of powers and responsibilities" The move will only occur after consultation “in the shape of services that can best support people’s access to employment justice as part of the transfer of the powers of Employment Tribunals to Scotland.”

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B&Q Face Employment Tribunal Over Unfair Dismissal

An 82-year-old grandad and former soldier has had his unfair dismissal empoyment tribunal case against DIY giants B&Q adjourned until July after he was dismissed for keeping his till open for three minutes.

Ivor Smith was dismissed for leaving his till open for over three minutes at the Parkhead store in the East End of Glasgow, although he did not leave it unattended. The former staff member claimed to have been counting £200 in cash and wanted to check it was accurate. However, he was ushered from the building due to the incident following 12 years of employment with the company.

Following what he described as being treated “with utter contempt” Mr Smith opted to take legal action against his former employer.

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Fee System for Employment Tribunals Failing

The Ministry of Justice published figures 11 September 2014, which give compelling evidence that the fee system for employment tribunals acts as a barrier to access to justice. 

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Employees Willing to Negotiate Rather Than Go to Employment Tribunal

More than one in ten employees are willing to strike a compromise deal with their employer when they have a grievance rather than go to an employment tribunal.

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The Employment Appeals Tribunal Reserves Judgment on Non-Contractual Overtime and Holiday Pay

The Employment Appeals Tribunal (EAT) chose to reserve judgment in three important cases last week relating to holiday pay.

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New Tribunal Rules for Early Resolution

New laws, which came into effect earlier this month, now require anyone thinking of bringing an Employment Tribunal claim to first notify Acas through its Early Conciliation service.

Early Conciliation, introduced through new Regulations, will have to be followed by any body involved in a workplace dispute which may lead to an employment tribunal, such as:

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Legislation finalised to support launch of Early Conciliation

Regulations outlining how Early Conciliation will work when the service is launched in April have been finalised, laid in Parliament and published.

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Restrictions on tribunal fees remissions scheme

Low-paid prudent savers could have to raid their savings to take their employer to an employment tribunal, according to the Union of Shop, Distributive and Allied Workers (Usdaw) leader John Hannett.

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Introduction of tribunal fees could create ‘Pay-Off Culture’

The introduction of employment tribunal fees, which came into effect on 29th July, could lead to an increased ‘pay-off’ culture in the UK, an employment expert has warned.

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