Latest news with #EmploymentTribunal
Scotsman
26-05-2025
- Business
- Scotsman
New employment rights will have big impact on seasonal jobs
Bill's 'one-size-fits-all' approach does not take the needs of specific sectors into consideration, writes Fiona Cameron Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... What is the Employment Rights Bill? The Employment Rights Bill was introduced into Parliament on 10 October 2024. Hailed as 'the biggest upgrade in employment rights for a generation', the Bill's stated intention is to create a level playing field and modernise employment rights. Seasonal staff, the current situation: Currently, seasonal staff play a vital role in Scotland's economy. The agricultural, tourism, retail, entertainment and hospitality sectors all utilise seasonal staff to meet their labour needs. Staff are usually hired on fixed-term contracts of employment, or as a 'casual' or 'zero-hours' worker (for example, engaged on an ad hoc basis with no guarantee of work). Under the Bill, this is all set to change. Advertisement Hide Ad Advertisement Hide Ad Changes to zero-hours contracts: The Bill does not seek to ban 'exploitative' zero-hours contracts, but goes very far to address perceived 'one-sided flexibility'. The new chapters inserted into the Employment Rights Act 1996 dealing with zero-hours contracts are lengthy and complex. Essentially, the provisions demand that employers notify eligible workers of their guaranteed hours' rights during an initial two-week period. Workers must then be offered guaranteed hours reflecting the hours they regularly work over a reference period, likely 12 weeks. This will be a recurring obligation on employers –who will be required to make an offer of guaranteed hours to workers not only at the start of employment, but also at the end of each reference period. Additionally, workers must receive reasonable notice of any shifts, or working time changes, with proportionate compensation for cancelled or shortened shifts. Failure to comply with these duties will entitle a worker to bring Employment Tribunal claims. Fiona Cameron is a Partner, Gillespie Macandrew (Picture: Simon Williams) Changes to fixed-term contracts: Limited-term contracts, currently known as fixed-term contracts, will still be allowed, but must be offered only where 'reasonable'. Critically, the question of how limited-term contracts interrelate with other relevant provisions in the Bill is still under discussion. For example, it's still unclear if, when and how limited-term contracts will qualify for an offer of guaranteed hours. Elsewhere in the Bill, the two-year qualifying period for unfair dismissal claims has been repealed, making it a 'day-one' right subject to a statutory probation period which will permit lighter-touch dismissals for certain (to be determined) reasons. It remains to be seen how limited-term contracts will dovetail with that fundamental change. The future of seasonal working in Scotland: There is a great deal of detail still to be set out in regulations, but based on what we know, all provisions discussed above are likely to have a profound impact. Paying staff for guaranteed hours based on peak season workloads, which do not align with off-peak periods, will undoubtedly lead to increased costs for employers. And whilst it is anticipated that workers can opt to reject an offer of guaranteed hours and remain on a zero or low-hours contract if they wish, that will not relieve an employer of the administrative burden and legal risk of having to inform a particular worker of their rights and make a guaranteed hours offer, if eligible. Therefore, the impenetrable legal minefield may put employers off using limited-term and/or zero-hours contracts at all, leading to fewer job opportunities across a range of sectors. It's hard to disagree with the notion that every job should offer a basic level of stability and predictability, but the adoption of a 'one-size-fits-all' approach to worker protections, without considering the specific needs of different industries, could threaten the future viability of seasonal jobs in Scotland.
Yahoo
24-05-2025
- Yahoo
Teacher loses dismissal case over trans pupil row
A Christian teacher who was sacked after accessing a transgender child's safeguarding report and transcribing it to her personal computer has lost an unfair dismissal and religious discrimination claim. The teacher, who cannot be named and has been referred to as A, refused after being asked by the Nottinghamshire County Council-run school to refer to the child with a male name and pronouns at the parents' request. She was suspended from her role as a teacher in September 2021 as a row over how she should refer to the child continued. A year later - after briefly returning to teach at the school - she was sacked after the school discovered she had been accessing the child's private files. Claims that A had been subjected to detriment for making a protected disclosure, automatic unfair dismissal, ordinary unfair dismissal, wrongful dismissal, direct religion or belief discrimination, and harassment related to religion or belief were all dismissed by the employment tribunal. After concerns were first raised by the teacher, Child X was moved to another class in the same year group "to safeguard him from any potential harm", the school said. The teacher escalated her concerns and her representative wrote to the school saying "it would go against her conscience, informed by her Christian faith, to affirm a young child in their gender dysphoria". She wrote to the headteacher that she believes "in the truth of the Bible", adding: "Sex is a God-given reality which should not be conflated with 'gender identity'. Being male or female is an immutable biological fact." After returning to the school following suspension, A repeatedly accessed child X's online safeguarding file on the school's CPOMS system, the hearing was told. "She was fully aware that her use of [the system] in this manner was unauthorised, and indeed she accepted during cross-examination that her access of the system was wrong," the tribunal ruled. Acting on behalf of the county council, barrister Ed Beever said A had also "gone behind the back" of the school's designated safeguarding lead to do so. The teacher wrote a letter to the school in February after accessing child X's reports several times, saying: "Based on the information I have seen and heard, child X is clearly suffering from serious mental health problems." Employment judge Peter McTigue said in the ruling published on Friday: "In short, A believed that her opinion was correct and that the approach adopted by the school and by child X and their parents was incorrect. "That was clearly unreasonable as A was not in possession of all relevant information regarding child X at any point in time including, for example, child X's medical information." Judge McTigue also ruled that transitioning children should have anonymity over their true biological sex "for life" to respect their privacy and ensure their future safety. In a statement after the ruling, A said she would appeal to the Employment Appeal Tribunal. "I am very disappointed with the judgment," she said. "It misrepresents the facts. "I ask myself if the courts are afraid of hearing any evidence that socially transitioning young children is harmful." Follow BBC Nottingham on Facebook, on X, or on Instagram. Send your story ideas to eastmidsnews@ or via WhatsApp on 0808 100 2210. Christian teacher 'sacked after pupil pronouns row' Nottinghamshire County Council HM Courts & Tribunals Service
BBC News
24-05-2025
- BBC News
Christian teacher loses dismissal case over trans pupil row
A Christian teacher who was sacked after accessing a transgender child's safeguarding report and transcribing it to her personal computer has lost an unfair dismissal and religious discrimination teacher, who cannot be named and has been referred to as A, refused after being asked by the Nottinghamshire County Council-run school to refer to the child with a male name and pronouns at the parents' was suspended from her role as a teacher in September 2021 as a row over how she should refer to the child continued.A year later - after briefly returning to teach at the school - she was sacked after the school discovered she had been accessing the child's private files. Claims that A had been subjected to detriment for making a protected disclosure, automatic unfair dismissal, ordinary unfair dismissal, wrongful dismissal, direct religion or belief discrimination, and harassment related to religion or belief were all dismissed by the employment tribunal. 'Truth of the Bible' After concerns were first raised by the teacher, Child X was moved to another class in the same year group "to safeguard him from any potential harm", the school teacher escalated her concerns and her representative wrote to the school saying "it would go against her conscience, informed by her Christian faith, to affirm a young child in their gender dysphoria".She wrote to the headteacher that she believes "in the truth of the Bible", adding: "Sex is a God-given reality which should not be conflated with 'gender identity'. Being male or female is an immutable biological fact."After returning to the school following suspension, A repeatedly accessed child X's online safeguarding file on the school's CPOMS system, the hearing was told."She was fully aware that her use of [the system] in this manner was unauthorised, and indeed she accepted during cross-examination that her access of the system was wrong," the tribunal on behalf of the county council, barrister Ed Beever said A had also "gone behind the back" of the school's designated safeguarding lead to do so. Anonymity The teacher wrote a letter to the school in February after accessing child X's reports several times, saying: "Based on the information I have seen and heard, child X is clearly suffering from serious mental health problems."Employment judge Peter McTigue said in the ruling published on Friday: "In short, A believed that her opinion was correct and that the approach adopted by the school and by child X and their parents was incorrect."That was clearly unreasonable as A was not in possession of all relevant information regarding child X at any point in time including, for example, child X's medical information."Judge McTigue also ruled that transitioning children should have anonymity over their true biological sex "for life" to respect their privacy and ensure their future a statement after the ruling, A said she would appeal to the Employment Appeal Tribunal."I am very disappointed with the judgment," she said. "It misrepresents the facts."I ask myself if the courts are afraid of hearing any evidence that socially transitioning young children is harmful."
The Herald Scotland
14-05-2025
- Health
- The Herald Scotland
NHS Fife bid to block livestream of Peggie hearing dismissed
However, it is understood they were told such a move would be contrary to the principle of open justice. The Employment Tribunal was originally due to finish in February after ten days but has now been adjourned until 16 July, when it is expected to last a further 11 days. The extension is partly due to NHS Fife failing to hand over documentation it had been ordered to provide by the judge. Ms Peggie, a nurse at Victoria Hospital in Kirkcaldy, is suing the board after she was suspended for raising concerns about a trans woman doctor, Beth Upton, using a female changing room. On Christmas Eve 2023, she experienced a sudden heavy period and was worried she had bled through her scrubs. When she went to the facility and found Dr Upton already there, she stated that, in her view, the medic was a man and should not be in the room. Shortly after, Dr Upton made a formal complaint. Ms Peggie was placed on special leave in late December 2023 and suspended from duty in January 2024, pending an investigation into her 'alleged unwanted behaviours towards another member of NHS Fife staff.' Her suspension was lifted in April, but she remained subject to disciplinary proceedings. She later launched legal action against NHS Fife and Dr Upton, alleging multiple breaches of the Equality Act 2010. The livestream of the tribunal attracted large numbers of public observers, but the Cloud Video Platform (CVP) used by HM Courts and Tribunals Service suffered technical issues, particularly under high demand. Observers were not automatically muted and could keep their cameras on, occasionally appearing on the tribunal's main screen — causing disruption. Towards the end of the hearing's first phase, CVP access was cut for everyone except the media. NHS Fife claimed the interruptions caused delays. Separately, they also accused Tribunal Tweets of making 'a number of inaccuracies,' arguing that their permission to live-tweet — granted on the basis of fair and accurate reporting — should be revoked. However, it is understood the judge rejected both requests. On Tribunal Tweets, the court acknowledged that some mistakes had been made, but that they did not consider that the threshold had been reached at which they would need to revoke access. Tribunal Tweets permission to live-tweet proceedings in Peggie vs NHS Fife & Dr Upton remains in place. The respondents' application was denied. The tribunal is scheduled to resume on 16 July 2025. — Tribunal Tweets (@tribunaltweets) May 14, 2025 A spokesperson for NHS Fife said: "An approach was made by the tribunal for comment after a member of the public raised concerns about the accuracy of the live-tweeting from the Tribunal Tweets account during the earlier proceedings. "Our legal representatives subsequently provided feedback to the tribunal and we accept todays decision." The Scottish Tory equalities spokeswoman Tess White MSP said the decision was "another humiliation for NHS Fife." She added: "Given the huge public interest in this case, it was appalling the health board was hellbent on keeping the public in the dark from proceedings. "If it [the case] does press ahead, they must guarantee the public can witness and report on this case without any restrictions being imposed on them."
The Sun
07-05-2025
- Health
- The Sun
NHS worker wins £30,000 compensation after ‘insulting and upsetting' comparison to iconic film character
AN NHS worker won almost £30,000 compensation after being likened to Star Wars villain Darth Vader. A tribunal ruled the comparison is 'insulting and upsetting', despite being told the evil Sith Lord had 'positive attributes'. 1 It came after NHS blood donation supervisor Lorna Rooke and her colleagues took a Star Wars -themed questionnaire as part of a team-bonding exercise in 2021. Mrs Rooke had to take a phone call so a colleague filled it out for her. She returned to find her personality type was deemed the same as murderous Vader, who was feared and despised throughout the galaxy. The supervisor told the hearing in Croydon, South London, it made her feel 'unpopular' and was one of the reasons she left the next month. Claims that Vader — real name Anakin Skywalker — was a 'very focused individual' who can bring a team together were rejected. Employment Judge Kathryn Ramsden said 'being aligned with his personality is insulting', and it was 'little wonder' she was upset. However the tribunal found that Mrs Rooke's decision to leave was prompted by personal circumstances. She lost claims for unfair dismissal, disability discrimination, and failure to make reasonable adjustments. But she won her case for detriment and was awarded £28,989.61.
