Employment & Equality

Alasdair Henderson has appeared for the Claimant in a whistleblowing claim in the Cardiff employment tribunal

The Leeds Employment Tribunal’s judgment on remedy in Michalak v The Mid Yorkshire Hospitals NHS Trust & ors, awarded Dr Michalak a total of £4,452,202.60 (thought to be the largest ever tribunal award in a discrimination case).Richard Mumford represented doctors from the Yorkshire Deanery who were joined to the proceedings and who were not required to contribute to the compensation awarded.

On 14 December 2011, the Supreme Court announced their decision in Chesterfield Royal Hospital NHS Foundation Trust v Edwards and Ministry of Defence v Botham.

In both of these cases, the employee had a contractual right to a particular disciplinary procedure but the correct procedure was not followed.  The Supreme Court allowed the appeals of the employers by a majority decision.  Wendy Outhwaite QC, head of the Employment Team at 1COR and representing the Ministry of Defence (on instruction from the Treasury Solicitor), has summarised the Supreme Courts’ judgment here.

Ben Collins has been instructed by the solicitors for two government departments in a series of claims arising out of the decisions of the ECJ and House of Lords in Stringer v HMRC. These decisions provided some clarification as to the rights of employees to annual leave when off sick but leave open a number of related questions. Ben will be dealing with some of the first cases coming through the courts following Stringer and will thus be at the forefront of this developing area of employment law.