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Rentokil Initial UK Ltd v Mr M Miller: [2024] EAT 37

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Rentokil Initial UK Ltd v Mr M Miller: [2024] EAT 37

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https://assets.publishing.service.gov.uk/media/65f2d9b2af6c1a001af65793/Rentokil_Initial_UK_Ltd_v_Mr_M_Miller__2024__EAT_37.pdf

The claimant, Mr Miller, was employed by Rentokil as a pest control technician, which was a physically demanding role and involved working at height using ladders. In March 2017, he was diagnosed with multiple sclerosis. Rentokil made various modifications to his working arrangements and to his terms and conditions, with the aim of mitigating the effects of his disability. By the end of 2018, however, Rentokil had concluded that it was not viable for Mr Miller to continue in his role as a pest controller. He was suspended on full pay while his employer explored the possibility of moving him to a new role.

In February 2019, Mr Miller applied for the role of service administrator. He undertook a maths and verbal usage assessment, which was a requirement for all candidates applying for roles at Rentokil. Following an interview, the recruiting manager concluded that Mr Miller did not have the relevant skills or experience for the job, so his application was rejected.

In March 2019, Mr Miller was dismissed on grounds of incapability. After an unsuccessful appeal against his dismissal, he brought claims in the employment tribunal for failure to make reasonable adjustments, discrimination arising from disability and unfair dismissal.

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Mr D Ireland v University College London: [2024] EAT 190

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Mr D Ireland v University College London: [2024] EAT 190

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The Claimant, applied for a role with other applicants, ethnicity of all applicants was not disclosed. The claimant received an offer subject to satisfactory references, which the respondent did not receive (including one that was negative). On this basis according to the Respondent, the job offer was withdrawn. The Claimant lost his claim of race discrimination at the ET deciding that the reason for the withdrawal of the offer to the Claimant was the unsatisfactory references and that it was not because of the Claimant's race. He was also ordered to pay costs amounting to £14,000. He appealed to the Employment Appeal Tribunal (EAT). EAT dismissed his appeal.

https://employmentcasesupdate.co.uk/content/ireland-v-university-college-london-2024-eat-190.f8cc5cffeec943bc9a1fbbfb5f7ccdb4.htm

Hazel

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Dyson to face human rights abuse claims in the UK

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Dyson to face human rights abuse claims in the UK

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Elaine Fernandes

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Dyson to face human rights abuse claims in the UK

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Judges have ruled that claims made by a group of workers in a Malaysian factory that formed part of Dyson UK’s supply chain should be heard before the courts in England and Wales and not Malaysia.

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Millie

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British employees work nearly 216 extra hours annually

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British employees are working 215.8 hours of overtime every year, with more than two in five (42%) doing so for free.

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Macey

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Asda workers advance to final stage in equal pay claim

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Asda workers advance to final stage in equal pay battle, as tribunal rules some of their jobs are of equal value to jobs in distribution centres.

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(Stavrina)

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Hundreds of Addison Lee drivers win worker status case

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A tribunal has ruled that Addison Lee drivers are workers, who will now be entitled to backdated holiday pay and compensation.

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(Emma)

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NHS cleaner fired for being off sick for 400 days wins huge payout

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Zoe Kitching had several lengthy periods of sick leave from 2019 to 2023 as she struggled with ‘complex mental health issues’ while working at the Royal Lancaster Infirmary,

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Goldman Sachs banker wins case over Paternity Leave Dismissal (Shei)

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Goldman Sachs banker wins case over Paternity Leave Dismissal (Shei)

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Goldman Sachs banker wins case over paternity leave dismissal

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A former Goldman Sachs employee who was fired after returning from paternity leave wins his sexual discrimination case.

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Workers' Rights: Sick Pay and Parental Leave

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Workers' Rights: Sick Pay and Parental Leave

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Austin Jenkins Joseph

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Dominic Ponniah, the boss of Cleanology, told the BBC his firm is delaying hiring plans while being more cautious of who it takes on.

The cleaning company he runs has about 1,300 employees located from Scotland to Southampton.

"It's just another thing that businesses have to contend with," he said, adding that the new rules around sick pay, unfair dismissal and probationary periods would make business "very, very nervous".

Tina McKenzie, policy chair at the Federation of Small Businesses suggested that the new bill was a "rushed job, clumsy, chaotic and poorly planned".

She said that smaller firms would be left "scrabbling to make sense" of the changes.

The matter of zero-hours contracts has also been hotly debated.

Under the Employment Rights Bill, bosses will have to offer workers a guaranteed-hours contract based on the hours they have clocked up during a 12-week period.

Workers on zero-hours contracts will also be entitled to "reasonable" notice ahead of any changes being made to their shifts, as well as compensation if a shift is cancelled or ended early.

Zero-hours contracts have come in for criticism in the past as the likes of factory or warehouse workers have missed out on a steady income and certain benefits.

But UKHospitality said it is the preferred policy for workers in their sector.

Ruby, a first-year university student, told the BBC her zero-hours contract with her local football club, selling food and drinks on match days, offered her flexibility.

"In my situation it's quite good. I can pick up shifts if and when I need a bit of extra money, or if I'm home for the weekend," she said.

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Workers' rights: Sick pay and parental leave part of major overhaul

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A major overhaul of workers' rights is planned, but the changes will not take place for two years.

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£30 million payout for equal pay legal battle

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£30 million payout for equal pay legal battle

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Thousands of Next workers win legal battle for equal pay

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More than 3,500 shop workers set for £30m payout after six-year battle for equal pay

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