Employment Snapshot: August 2024
Wednesday 21st August 2024
Welcome to the Employment Team’s latest update
This month we cover:
- Employment (Allocation of Tips) Act soon to come into force;
- A recent case where the flexible working policy found to have disadvantaged women; and,
- A case where an employee’s failure to exhaust grievance process was not relevant to constructive dismissal claim.
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Employment (Allocation of Tips) Act is coming into force
The Employment (Allocation of Tips) Act 2023 will come into force on 1 October 2024. The act will regulate how tips are allocated to workers by their employers, aiming to ensure that tips are distributed in a fair and transparent manner.
International Air Travel Company’s flexible working policy found to have disadvantaged women
The Employment Tribunal recently held in Zaidi v Dnata Ltd and others that Dnata Limited, an air travel services provider, discriminated against an airport customer service agent by refusing to accommodate her flexible working request on a permanent basis. Although Mrs Zaidi resigned during the appeal process, the Tribunal found that she was unfairly dismissed by Dnata.
Employee’s failure to exhaust grievance process not relevant to constructive dismissal claim
In Nelson v Renfrewshire Council, the Employment Appeal Tribunal (EAT) held that the Tribunal incorrectly gave weight to an employee’s failure to exhaust the grievance procedure when determining whether there had been a repudiatory breach of the implied term of mutual trust and confidence. They further reiterated a decision made in Tolson v Governing Body of Mixenden Community School (2003), that when deciding a constructive dismissal claim, the only relevant conduct, is that of the employer.
For more information on the topics, or any other general HR and employment matters, speak to a member of our team.