Employment Articles

Football club security guard loses unfair dismissal claim over dirty kit

A recent case at Brighton Football Club raises questions on job duties and dismissals. A security supervisor with a decade of service lost his claim of unfair dismissal after refusing to make laundry duties a permanent part of his role. The Employment...

Citibank employee loses dismissal claim over 'two lunch' sacking

An employee of the global financial institution lost an unfair dismissal claim over questionable expense claims during a business trip to Amsterdam. He faced termination after filing for two lunches on the company's €100 daily allowance. His manager...

Employing illegal immigrants could lead to £60k fines

UK to raise fines for hiring illegal immigrants to £45,000 for 1st breach and £60,000 for repeat offenses, starting 2024. Consultations on further actions planned. Employers are to face much higher fines if they hire illegal immigrants, under a...

Nursery 'fabricated' allegations about employee drinking at work

A nursery school assistant has won an unfair dismissal case after her employer fabricated allegations against her. The Employment Tribunal found that her dismissal, based on accusations of drinking alcohol at work and neglecting her duties, lacked convincing...

Workers to receive greater day-one rights over flexible working

New government plans aim to make flexible working the ‘default’ and a right from the beginning of employment. The programme would not be limited to hybrid (office-home) but also include job-sharing, flexitime, and working compressed, annualised...

Disability 'should not be used to give employees an advantage'

A youth support worker has lost his disability discrimination claim because a tribunal ruled that the law was only designed to protect disabled workers against unfair treatment, it was not intended to give them an advantage over their colleagues. The case...

Salesman unfairly dismissed after lengthy misconduct investigation

A salesman has won an unfair dismissal claim after he was fired for making personal calls on the company phone and giving a customer his personal phone number, because his employer made no attempts to contact him during the disciplinary proceedings. The...

New law to protect pregnant women against redundancy

The Pregnancy and Maternity Discrimination Bill will extend protection currently available only for parents on some type of relevant leave, to pregnant women and new parents returning to work. Before dismissal, employers must offer suitable alternative...

Football is not religion, says judge as fan loses discrimination claim

He accused his boss of not giving him work shifts because they support different football teams, but this was not convincing enough for a contractor to win his claim of unfair dismissal and discrimination.  A fan of the football team Glasgow Rangers...

Asking transgender worker about her underwear was discrimination

A transgender worker has won her claim of gender reassignment discrimination after she was asked by her manager if she wore underwear. The employee worked as a catering assistant at the Northern General Hospital. Claimant was questioned by manager if she...

Fraudster who lied about qualifications must repay £96k in wages

A builder, who got lucrative roles falsely claiming he had university degrees and remained in the positions for more than 10 years, must now pay back part of his earnings. Swindler insisted that he should be referred to as “Dr” He secured...

Worker unfairly dismissed for not removing religious neck chain

A Christian worker has won his claim of unfair dismissal after he refused to take off his neck chain.  Mr Kovalkovs worked at the 2 Sisters Food Group chicken processing firm from November 2019.  He wore a silver crucifix on a neck chain to...

Marketing firm's post-termination covenant ruled unreasonable

A marketing company has been told that the post-termination covenant in a contract with one of its former suppliers was not enforceable because it prevented fair competition.  The case involved Mr Lambert, who ran his own business, and Credico...

Fashion designer subjected to age discrimination awarded £96k

A fashion designer in her early fifties who was passed over for promotion has been awarded £96,000 after making an age discrimination claim.  The case involved Rachel Sunderland, who had worked as a knitwear specialist for Superdry...

Tesco wins appeal over right to "fire and re-hire" employees

Supermarket chain Tesco has successfully appealed an injunction that prevented it from terminating employees’ contracts in order to offer new contracts on less favourable terms.  The issue goes back as far as 2007, when Tesco shut several...

New law allows agency staff to replace striking workers

The government has changed the law as of 21 July 2022, enabling businesses to use temporary agency workers to plug staffing gaps caused by strikes. The move is in response to the current industrial action by members of the RMT rail union but applies to...

Building firm awarded costs against unreasonable employee

A building firm has successfully defended a claim from an “unreasonable” employee relating to expenses, deductions from wages and unfair dismissal.  Just Build UK Limited was taken to the Employment Tribunal by Mr Bright Ampomah after...

NHS made 'made no adjustments' before sacking disabled nurse

The Employment Tribunal has ruled that a nurse was unfairly dismissed because her employer made no reasonable adjustments to account for her disability.  Ms McKenzie began working for University Hospitals of Leicester NHS Trust in 2010.  At...

Water company granted injunction against former business manager

A water company has been granted an injunction against its former business development manager after he breached post-termination restrictive covenants in his employment contract.  The case involved ATAC Solutions, which provides water and waste...

Pregnant care manager wins £8,000 discrimination claim

A care manager who was sacked eight days after revealing that she was pregnant has won a discrimination claim and been awarded more than £8,000 compensation.  The case involved Gemma Ferridge-Gunn, who started working at Alcedo Orange in...

Cleaner unfairly dismissed after using trade union to make complaint

A cleaner has won his case of unfair dismissal after he made complaints about safety conditions and lack of personal protective equipment during the Covid pandemic.  Mr Hernandez began working for Swiftclean in September 2018. In January 2020, along...

Charity worker with long Covid can make disability claim

The Employment Tribunal has ruled that an employee who was dismissed while suffering from long Covid is entitled to make a claim for disability discrimination.  It held that his symptoms met the criteria for him to be classed as disabled under the...

Asda employee awarded £40,000 for injury to feelings

An Asda employee who was constructively dismissed and racially harassed at work has been awarded compensation of £40,000 for injury to feelings.  Mrs S Henderson began working for Asda in 2003. She resigned in 2019 after being subjected to a...

Council not liable for employee's breach of private data rules

The High Court has ruled that a local authority was not liable for the behaviour of one of its employees in accessing and disseminating private data that was stored on its IT system.   The claimant in the case was divorced with two children, who...

Technician blocked from poaching former employer's clients

A computer technician has been ordered to surrender confidential information retained from his former employer, which could be used to undercut and poach its customers. The defendant worked for the IT support company Iconology Ltd since 2013. In 2020, the...

Committee chairman on contract 'should be classed as a worker'

A committee chairman should be classed as a worker according to the terms of his contract, even though he didn’t have an obligation to carry out any duties.  That was the decision of the Employment Tribunal in a case involving Somerville and the...

Charity discriminated against tutor over student's 'sensitive issue'

A tutor has won her claim of sex discrimination after she was asked to address a sensitive matter with a student because of her gender.  A 94-year-old male student had personal hygiene issues and managers believed the matter was best dealt with by a...

Irish worker was racially harassed when boss mocked his accent

The Employment Tribunal has ruled that an Irishman was racially harassed and victimised when his bossed danced "like a leprechaun" in front of him and mocked his accent.  The case involved Jonathan Kelly, who worked in the warehouse at the...

Cashier excluded from work drinks event awarded £74,000

A woman who was shunned by her work colleagues and not invited to a drinks event has been awarded £74,000 compensation for unfair dismissal, and race and age discrimination. The case involved Rita Leher, 51, who had started working as a cashier at...

Google told it can't protect witness identities in employment case

A former Google employee has successfully appealed an order by the Employment Tribunal in a case that clarified rules surrounding anonymity of witnesses.  Mr R Frewer brought several claims against Google UK Ltd including automatic unfair...

Worker called 'lazy old white guy' awarded £20k compensation

A worker who was called a “lazy old white guy” by a black colleague has been awarded £20,000 after bringing a discrimination claim. The Employment Tribunal heard evidence that Barry Moore, who is 55, was often told by younger co-workers...

Driver loses appeal over worker status with MyTaxi app

A driver has lost his appeal against a tribunal ruling that he should not be classified as a worker employed by MyTaxi app. The case involved Christopher Johnson v Transopco UK Ltd. From 2014 Johnson worked full time in business on his own account as a...

Dementia suffering employee 'had dignity violated' at ASDA

An ASDA employee has won her claim of unfair dismissal, and disability and age discrimination, after one of her colleagues suggested she should retire. Joan Hutchinson worked for the Queensferry store of the supermarket chain for 20 years before she retired...

Catholic nurse unfairly dismissed over cross necklace

The Employment Tribunal has ruled that a Catholic nurse was constructively and unfairly dismissed after wearing a cross necklace to work. The case involved Mary Onuoha, who had worked at Croydon Health Services NHS Trust for 19 years. For the first 13...

Whistle-blower unfairly dismissed over social distancing concerns

A worker at a pet food shop has won her claim of unfair dismissal after she raised concerns over her employer’s Covid protocol. Leah Best worked for Embark on Raw, a pet food retailer owned by husband-and-wife team David and Andrea Fletcher. In March...

Cafe discriminated against teenager dismissed due to her age

A 14-year-old who was dismissed for being too young to cope with the ‘severity’ of her job has won her claim of age discrimination. The case involved Miss H Cassidy, who had a Saturday job at Daimler Foundation’s café. Her duties...

Fishing company prevents former employee working for rival

A fishing company has been granted an interim injunction enforcing post-termination restrictive covenants and a confidentiality clause against a former employee. The case involved S Riddler Ltd and Mr Wierzbicki. The High Court heard that Wierzbicki had...

Directors colluded to deny knowledge of employee's disability

Two directors colluded to deny knowledge of an employee’s disability before they dismissed him for alleged poor performance. That was the finding of the Employment Appeal Tribunal (EAT) in a case involving P2CG Ltd and Mr Davis. Davis was given...

Vet assistant unfairly dismissed over her Covid concerns

A veterinary assistant was unfairly dismissed after she challenged her employer’s view that the coronavirus pandemic had been ‘hyped up’. The case involved Charlotte Rendina who worked at Royston Veterinary Centre from January to March...

Engineers can't use 'overarching contract' defence to limit liability

The High Court has rejected a claim that a firm of accountants failed in their duty of care and should be held liable for a client’s failed investment. The client, Mr Knights, sought damages from Townsend Harrison Ltd for losses he suffered after the...

Fostering agency discriminated against gay men and lesbians

The Court of Appeal has upheld a decision that a fostering agency had unlawfully discriminated against gay men and lesbians by requiring carers to refrain from "homosexual behaviour". The case involved Cornerstone (North East) Adoption and...

Tribunal 'wrong to reject menopausal symptoms as a disability'

An employment tribunal had been wrong to hold that an employee's alleged menopausal symptoms did not amount to a disability for the purposes of a discrimination claim. That was the ruling of the Employment Appeal Tribunal (EAT) in a case involving...

Mother dismissed on maternity leave awarded more than £60k

A mother who was dismissed during her maternity leave while the ownership of her company changed hands has won her discrimination claim. Mrs Rodin worked for HR company DMS1 and went on maternity leave in June 2017. During her absence, the company...

Director didn't breach duty over employee bonus in company transfer

A director didn’t breach his legal duty when he gave an employee an enhanced bonus entitlement shortly before a takeover involving the transfer of employment contracts. That was the decision of the High Court in a case involving Reader v SPIE Ltd . ...

Company granted injunction to stop ex-employee contacting its clients

A company in a highly competitive market has been granted an injunction to prevent a former employee from contacting and dealing with its clients. The case involved Delivery Group Ltd and former employee Mr Yeo. In early 2020, the group had increased...

Employer had made 'all reasonable adjustments' for disabled employee

A disabled employee has lost a discrimination claim after a judge concluded that her employer had made all reasonable adjustments to avoid any disadvantage to her. The employee, Ms Martin, started working for the employer in 2014. She had several...

LLP wins appeal over partner's age discrimination claim

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). The case involved a woman who resigned after alleging that...

Constructive dismissal after sexual comments 'can constitute harassment'

The Employment Appeal Tribunal has ruled that a constructive dismissal following unwanted sexual comments could amount to an act of harassment within the meaning of the Equality Act 2010 (the Act). The case involved a woman who resigned after alleging that...

Tesco staff couldn't believe 6ft man was intimidated by pregnant boss

A supermarket assistant was discriminated against when managers didn’t believe he could be intimidated by a 5ft 4in woman. The case involved Mr T King, who is 6ft tall, and his Tesco line manager, known as JF, who was five months pregnant at the time....

Nursing officer was dismissed for making protected disclosures

The Employment Appeal Tribunal has upheld a decision that a nursing officer was dismissed solely because she had made protected disclosures. The officer, Ms Fairhall, had worked in district nursing for University Hospital North Tees and Hartlepool NHS...

Perverse for judge to accept Veolia's inept dismissal process as fair

It was perverse for an employment judge to have characterised an employer's investigative and disciplinary process as "a catalogue of ineptitude and misjudgement" yet to have concluded that the resulting dismissal was nonetheless fair. That...

Sainsbury's worker unfairly dismissed over Black Lives Matter comment

The Employment Tribunal has ruled that a Sainsbury’s worker who lost her job over a comment about Black Lives Matter (BLM) was unfairly dismissed. Mrs M Cunnington was a price controller and had worked for the supermarket chain since 1992. During the...

Nursery worker wins unfair dismissal claim but has compensation reduced

The Employment Tribunal has ruled that a child care centre acted unfairly when it dismissed a nursery worker over allegations that she encouraged children to kick and taunt a colleague. The case involved Miss S Flynn who had been the team leader in the baby...

Government to place duty on employers to prevent sexual harassment

The Government has announced it will introduce a duty on employers to prevent sexual harassment and consider extending the time limit for claims under the Equality Act 2010 from three to six months. There will also be explicit protections from third-party...

Supreme Court rules on burden of proof in employment claims

The Supreme Court has upheld a decision that a postman had not been subjected to race discrimination when his applications for more than 30 jobs all failed. In giving its judgment, the court clarified the correct approach to be taken by employment tribunals...

Teacher's dismissal over indecent images on computer was not unfair

The Court of Session has ruled that an education authority had not acted unfairly when it dismissed a teacher after indecent images were found on his computer. The issue arose after police attended the teacher's home to carry out inquiries relating to...

Worker subjected to abuse on WhatsApp awarded £25,000

A woman who stumbled across a workplace WhatsApp group featuring racially abusive remarks about her has been awarded nearly £25,000 for unlawful harassment on the grounds of sex, race and religious belief.  The case involved Mrs Muna Abdi who...

Nurse dismissed after refusing to work weekends wins appeal

A nurse who was dismissed for refusing to work weekends has won a landmark ruling that could affect thousands of women with children. Gemma Dobson was a community nurse with North Cumbria Integrated Care NHS. She had worked fixed days because she had three...

General Medical Council discriminated against Muslim doctor

The General Medical Council (GMC) has been found to have racially discriminated against a Muslim doctor of African and European heritage. In giving its ruling, the Employment Tribunal referred to the high number of complaints against ethnic minority staff...

Dismissal of employee who visited pub while off sick ruled unfair

The Employment Tribunal has ruled that a company acted unfairly when it dismissed an employee because he went to the pub while off sick from work. The case involved Mr Colin Kane, who worked as a driver for Debmat Surfacing, a company that lays tarmac. ...

Age discrimination claims surged by 74% in 2020 - more to come

Age discrimination claims surged by 74% last year following the outbreak of the Covid-19 pandemic. It’s thought the figure is likely to keep rising. The research was carried out by Rest Less, the digital community for the over-50s. Rest Less analysed...

Court allows company to search employee's personal computer

A company has been granted permission to search an employee’s personal computer and other devices as part of its investigation into the potential misuse of confidential information. The case involved Digital Realty Trust Inc and its senior director of...

Police officer's use of racist term was 'unintentional aberration'

A police officer’s use of a racist term was an “unintentional aberration” and did not warrant her dismissal. That was the decision of the High Court in a case involving Avon and Somerset police. The issue arose after Avon’s chief...

Directors must pay extra 20% damages to exploited workers

The directors of a company that exploited migrant workers have been ordered to pay full compensation plus an extra 20% in aggravated damages. The workers brought a claim against DJ Houghton Catching Services Ltd for breach of contract based on unpaid wages,...

Single mother unfairly dismissed over change in working hours

The Employment Tribunal has ruled that a single mother was unfairly dismissed after she was suddenly required to go from working part time to full time. It followed a prolonged campaign of victimisation during which she was indirectly discriminated against...

Firm's equality and diversity training was stale and ineffective

A firm’s equality and diversity training has been dismissed by the Employment Appeal Tribunal as stale and ineffective against preventing harassment. The case involved Allay (UK) Ltd and Mr S Gehlen, who was of Indian origin. Mr Gehlen had been...

Bus driver who knocked down cyclist was not unfairly dismissed

A bus driver who knocked down a cyclist after he made obscene gestures towards him has lost his claim of unfair dismissal. Sam Beech had worked for Lothian Buses for 11 years until he was dismissed in September 2019 for gross misconduct. It all hinged on...

Cancer sufferer told to 'grow up' wins unfair dismissal claim

The Employment Tribunal has ruled that a manager who was told not to be a baby when he asked for time off due to kidney cancer was constructively dismissed. The case involved Steve Pointon, who was general manager of Alpha Omega Security from 2015-2018. He...

Manager was discriminated against while her son was in hospital

A manager was unfairly dismissed after she was told she couldn’t work remotely at her son’s hospital bedside. The case involved Lorraine Hodgson, who was office manager of Martin Design Associates. Hodgson’s son was in hospital with...

Bank worker who phoned boss on Christmas Day unfairly dismissed

A bank worker has won his claim of unfair dismissal after he was made redundant following the breakdown of his relationship with his bosses. Joynal Choudhury had worked for Gatehouse Bank since 2015 and took on a new role as head of real estate in March...

When it is lawful to refuse to rehire unfairly dismissed employee

The Court of Appeal has confirmed that an employer could be justified in not re-engaging an unfairly dismissed employee if it had a rational belief that he could not carry out the duties required in a new role or if there had been a genuine breakdown of...

Cleaner accused of 'throwing a sicky' was unfairly dismissed

The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. ...

Engineer too late to claim holiday pay from Pimlico Plumbers

An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded...

Sleep-in care workers lose final appeal over minimum wage

Care workers who slept overnight at their workplace were “available for work” rather than “working” and so were not entitled to be paid the national minimum wage for the whole of their sleep-in shift. That was the decision of the...

Warden was unfairly dismissed despite aggressive text messages

A university warden who was dismissed after sending ‘aggressive text messages’ to colleagues has won his claim of unfair dismissal. Dr Binoy Sobnack began working at Loughborough University in 1999 as a physics lecturer. He then added the role...

Driver's dismissal for not wearing a facemask 'was not unfair'

A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a mask while on duty during lockdown. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work...

Pregnant woman 'told to resign' awarded £18,000 compensation

A customer service assistant who said she was told to resign after her employer discovered she was pregnant has been awarded £18,000 after making a discrimination claim. The case involved Mrs N Agarwal and St John Freight System UK. Mrs Agarwal had...

Need to cut costs justified 'age discriminatory' pay policy

The Court of Appeal has ruled that an employer's need to reduce its staff costs to balance its books could be enough to justify indirect age discrimination. The case involved the Probation Service and one of its employees, Craig Heskett. Following the...

Tribunal rules employer did not act unreasonably over redundancies

The Employment Appeal Tribunal has ruled that an employer had not acted unreasonably by declining to put an employee on a list of potential future workers when making him redundant. The case involved Aramark Ltd and one of its employees, Mr Fernandes. The...

Firm gets injunction against former MD to protect its business

A cryptocurrency firm has successfully taken legal action to prevent its former managing director competing against it and from revealing confidential information. The case involved Gemini Europe Ltd and Sawyer (2020). Gemini was part of a group of...

Employee copied confidential company files after resigning

A company has been granted a court order preventing a former employee from disclosing or using its confidential information. The company, Rentrack Ltd, collected ticket sales data for cinemas. One of its employees, Mr Green, was approached by a competitor...

Tribunal was wrong to rule that line manager had resigned

An employment tribunal was wrong to rule that an employee who had worked past a notional resignation date had, in fact, resigned. It had failed to consider whether the fact that the employer had asked her to reconsider her resignation meant that there had...

Employee who suffered from delusions loses discrimination case

An employee who suffered from paranoid delusions following the break-up of a relationship has lost his claim of disability discrimination. Mr S Sullivan had worked for a small finance company, Bury Street Capital Ltd, as a sales executive since 2008. From...

Tarmac company not liable for 'practical joke' injury to worker

A worker who was injured because of a practical joke played by a colleague was not entitled to compensation from his employer. That was the decision of the High Court in a case involving Tarmac Cement and Lime Ltd and Andrew Chell. Mr Chell suffered a...

£117k awarded to technician dismissed over mental health issues

A school technician who was discriminated against because of his disabilities and unfairly dismissed has been awarded £117,013 compensation. Mr D Walker suffered with psoriatic arthritis, depression and anxiety. He worked at Old Swinford Hospital...

Secretary resigned after MD said she 'wouldn't hire black person'

A secretary who resigned after her managing director said she wouldn’t employ someone because she was black has won her claim of unfair dismissal. Caroline Hobbs worked for Avon Care Homes from November 2015 until she resigned without notice in April...

Police discriminated against officer with hearing impairment

The Employment Appeal Tribunal has upheld a decision that a police officer was discriminated against due to assumptions about her hearing impairment. The officer wanted to transfer to Norfolk, but her application was rejected by the Acting Chief Inspector,...

Employer wins dispute over notice on fixed-term contract

An employer has won a dispute over whether an employee was entitled to three months’ notice while on a fixed-term contract. The case involved a teacher, Ms Kilraine. Her letter of engagement stated that she would be employed from 1 September 2013...

Businesses urged to address veganism in diversity policies

Employers may need to update their diversity policies to include ethical veganism after an employment tribunal held that it was capable of being a protected belief under the Equality Act. The case, which attracted widespread publicity, involved Jordi...

Employers 'need strong policies against workplace harassment'

Employers are being urged to draw up comprehensive policies to protect their employees from harassment in the workplace. The Equality and Human Rights Commission (EHRC) says the policies should cover everything from physical intimidation to office banter...

Female driver awarded 74k after manager pursued relationship

A trainee highway inspector has won her case of constructive unfair dismissal after her manager moved her to his site so that he could pursue a romantic relationship with her. Kim Beaney began working as a driver and a trainee highway inspector for Highways...

Royal Mail employee unfairly dismissed after manager's false report

A Royal Mail employee has won her case of unfair dismissal in a case that went all the way to the Supreme Court. Ms Kamaljeet Jhuti joined the Marketreach unit of Royal Mail in October 2013 on a trial basis as a media specialist. She quickly raised...

Ryanair discriminated against flight attendant over brain tumour

The Employment Tribunal has ruled that the airline Ryanair discriminated against a flight attendant when she returned to work after being diagnosed with a brain tumour. Margita Dworak had worked for Ryanair from 2004-2018 and was a senior flight attendant...

Oldest person to win age discrimination claim agrees settlement

An 89-year-old woman who became the oldest person in the UK to win an age discrimination claim after being dismissed from her job has accepted a cash settlement. Eileen Jolly told the Employment Tribunal earlier this year that she felt “humiliated and...

Employers wrong to dismiss worker who could not take on a full-time role

The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full time workers. The case involved an employee of Capita Customer Management...

Worker was discriminated against due to his 'perceived religion'

A Royal Mail worker was a victim of racial discrimination even though the comments made towards him were not specifically about his own religion. That was the ruling of the Employment Tribunal at a recent hearing involving Mr Shunmugaraja, who was a manager...

Equality watchdog 'calls time on cover-up confidentiality agreements'

The Equality and Human Rights Commission says it’s calling time on the practice of using confidentiality agreements to cover up company wrongdoing in discrimination cases. The commission has published new guidance offering both employers and employees...

Staffing manager unfairly dismissed for 'pointing out problems'

A logistics manager at a transport company was unfairly dismissed after he raised concerns about the lawfulness of the company’s staffing rotas and was then made redundant. That was the ruling of the Employment Tribunal in a case involving Mr R Mott...

Police officer suffered sex discrimination over colour blindness

A police officer faced indirect sex discrimination after being removed from driving duties due to colour blindness, the Employment Tribunal has ruled. Alexander Wisbey joined the police in 1993, and throughout his career he worked in several uniformed...

Doctor hired through her company still classed as a 'worker'

A doctor who provided services through her own company has been classed as a “worker” for employment law purposes, giving her various rights and protections. Reshma Narayan was registered with Community Based Care Health Ltd as a "duty...

Manager unfairly dismissed after 'seriously flawed' investigation

A council manager who was unfairly dismissed has been awarded £100,618 compensation and reinstated in his job. Mr J Thornhill had worked at Camden Borough Council for 37 years. In 2017, the council was ordered to pay compensation over the mishandling...

Vegetarianism 'not a protected belief' under the Equality Act

Vegetarianism is a “lifestyle choice” and not a philosophical belief capable of protection under equality legislation, the Employment Tribunal has ruled. The landmark judgment came in a case involving a waiter at the Fritton Arms hotel on Lord...

Pub manager was sexually harassed by 'jovial' co-worker

A pub manager has won a sexual harassment claim after a senior co-worker engaged in ‘poor taste humour’. The Employment Tribunal judge said the case showed that a person’s dignity can be violated even when there is no ‘malicious...

Warning to employers as number of disabled people in work rises

The government has warned employers that disabled people should not be considered a burden or prevented from enjoying fulfilling careers. The latest figures from the Department for Work and Pensions show that a record number of people have been supported by...

Airport not liable for employee's 'racist' social media post

A security officer at Heathrow airport was unable to hold his employers liable for a racially offensive image he was subjected to on his colleague’s social media account. Mr O Forbes said he suffered harassment, victimisation and discrimination after...

NHS director 'was not discriminated against' over religious beliefs

An NHS director who was suspended after he made controversial comments based on his religious beliefs has failed with his discrimination claim. Richard Page was a non-executive director of an NHS and social care trust, and held a position as a lay...

Manager unfairly dismissed after locking customer in bank

A diabetic bank manager was discriminated against after being dismissed following an incident that saw him lock a customer in the branch. Mr B Kuppala was employed by HBOS for 14 years and worked his way up to manager of its Oxford Street Halifax branch. ...

Tighter control over the use of Non-Disclosure Agreements

New legislation to prevent company bosses misusing Non-Disclosure Agreements (NDAs) for former employees has been announced by the government. Ministers say that while NDAs can be used by businesses for several legitimate reasons, there are occasions...

Agency worker not entitled to same hours as permanent employee

An agency worker has lost his claim that he should be entitled to the same number of working hours as a permanent member of staff. Dominik Kocur was employed by recruitment company Angard Staffing Solutions, who provided staff for Royal Mail. Kocur...

More additions to 'Good Work Plan' to protect low-paid workers

The government has introduced a new set of additions to its ‘Good Work Plan’ which aims to increase the rights of workers. Some of the key elements of the scheme include: workers to be given enhanced rights to tackle unscrupulous employers who...

Pregnant worker unfairly dismissed after director's 'panic about HR issues'

An office worker was subjected to a ‘hostile, humiliating and offensive environment’ after she informed her employers that she was pregnant shortly after joining the company. Eilise Walker started working for Arco Environmental in November 2017,...

Woman asked for massage by boss wins sexual harassment claim

A woman who was repeatedly asked to massage her managing director has won a sexual harassment claim. Emma Woolf worked as a sales manager for thermal cooling material provider, Universal Science. When she booked a two bedroom flat for a trade show,...

Npower failed to make adjustments for autistic employee

An analyst who suffered with autism was discriminated against by Npower after it failed to make changes to his working environment to allow him to work in comfort. Tom Sherbourne began working for the energy giant in October 2017. He was positioned in an...

Woman with diabetes was 'humiliated' by her employers

A woman who suffers from diabetes has been awarded £14,000 after being humiliated at work. Holly Carr, who had type 1 diabetes, worked as a fleet administrator at Weston Homes for two months. She told her line manager, Lauren Goodwin, and events...

Latest figures show slight reduction in gender pay gap

The latest figures on the gender pay gap in large businesses show a slight reduction on last year. Legislation introduced in 2017 means that every employer with 250 or more employees has to publish the differences between what they pay their male and female...

Headmaster told disabled teaching assistant: 'I can do what I like'

A teaching assistant was discriminated against by her employer, who did not take the necessary steps to allow her to work in comfort with her disability. That was the decision of the Employment Tribunal in a case involving an assistant who worked at...

Female administrator paid 15% less than her male replacement

The Employment Tribunal has ruled that a female finance administrator was discriminated against when her male replacement was paid £3,500 more than her. The case involved Mrs J Broom, who had been employed in various roles by Alternative Care Ltd for...

Directors liable for company's failures over employment rights

Two company directors have been held personally liable for their company’s failures over minimum wage rates, holiday pay and overtime. The case involved Lithuanian nationals who had come to the UK to work for DJ Houghton Catching Services Ltd as...

Energy giant fined as HR process likened to show trial in Soviet Union

A tribunal has held that Scottish and Southern Energy (SSE) was wrong to dismiss an employee who raised questions about health and safety practices. The judge likened its HR process to “a show trial in the former Soviet Union”. The case involved...

Man who suffered heart attack at work was 'unfairly dismissed'

The dismissal of a man who suffered mental health issues after having a heart attack at work was unfair. That was the decision of the Employment Tribunal in a case involving mechanic Gordon Flemming and East of England Ambulance Services NHS Trust. Mr...

Court corrects costly tax error in family's trust fund

The High Court has allowed a family to correct an error in a trust fund that would have had costly tax implications. The case arose out of financial arrangements outlined in the will of a man who died in 2015. He bequeathed £4.2m to be held on trust...

Teacher wins sex discrimination claim but loses over religion

A teacher at a Jewish nursery who was sacked after refusing to lie about cohabiting with her boyfriend was not subjected to religious discrimination.   However, the nursery's criticisms of her amounted to sex discrimination and harassment. ...

Bisexual prison officer described as 'vermin' was unfairly dismissed

A bisexual prison officer who was taunted by colleagues as ‘gay’, ‘poof’ and ‘vermin’ was victimised and unfairly dismissed. That was the decision of the Employment Tribunal in a case involving 40-year-old Ben Plaistow...

Asda loses appeal over equal pay for women workers

The Court of Appeal has upheld a tribunal ruling that female workers in Asda stores were employed under terms and conditions that were comparable to men working in the company’s distribution depots.   It’s an important decision as it...

London Underground 'must pay twice' to compensate agency workers

London Underground has found itself in the unusual position of having to pay twice to compensate agency workers in a dispute over back pay.   The issue arose following the introduction of the Agency Workers Regulations 2010.   After it...

Whistleblowing chief executive awarded £57,000 for unfair dismissal

A chief executive who was dismissed after raising concerns that her company was trying to avoid paying tax has been awarded £57,000 compensation. The case involved Mrs Faiza Rizvi, who worked for the medical staffing agency, Capital Care Services,...

Grant Thornton ordered to pay £315,345 over negligence

The accountancy firm Grant Thornton has been ordered to pay damages of £315,345 after providing negligent advice to Manchester Building Society. However, it was not liable for the losses incurred following that advice. The High Court heard that Grant...

Manager who resigned over cut in hours awarded £17,000

A manager with a recruitment agency who resigned after being asked to take a reduction in hours that significantly reduced his wages has been awarded £17,000 for unfair dismissal. The case involved Mr C Decker, who worked for Extra Personnel Logistics...

Employee who threatened staff wins unfair dismissal appeal

When dealing with disciplinary issues at work it’s essential that employers are consistent in the way they treat different cases. A lack of consistency can undermine a decision, as illustrated in a recent case before the Employment Appeal Tribunal. ...

Company must compensate employees for breach of contract

Three employees have won claims of unfair dismissal and breach of contract after their employer tried to alter the terms of their pay structure. The employees worked in insurance and underwriting. They had been headhunted by Neon Management Services Ltd in...

Bus driver who became stranded in flood wins dismissal claim

A bus driver who was fired after driving his vehicle into a flooded area has won his claim of unfair dismissal. Piotr Borowicki had worked for Bluebird Bus Ltd for eight years when the incident happened. He believed that he would be able to get through the...

Woman told harassment claim was 'immature' awarded £15,000

A woman who was told she was “immature” for complaining about sexual harassment at work has been awarded £15,000. Marta Podlecka worked as a cost estimator for bathroom supplies company MYM Global for eight months. She told the Employment...

Employee heard manager say her dismissal was 'work in progress'

A pharmacy dispenser has won her claim of constructive dismissal after her employers spoke openly about her case before it had been concluded. The case involved Mel Warringon who had worked for Lloyd’s Pharmacy since May 2004. In September 2016, the...

39% rise in employment tribunal claims since fees ruled unlawful

There has been a 39% rise in claims before the Employment Tribunal since the Supreme Court ruled last year that the fees charged to bring claims were unlawful. The fees were introduced in 2013, with employees having to pay up to £1,200 to bring a...

Two days made all the difference in employer's right to dismiss

Timing can be crucial when deciding to dismiss an employee, as shown in a recent case before the Employment Appeal Tribunal (EAT). The case involved an office manager who was dismissed for gross misconduct on 20 September 2016. There was no investigation,...

Pakistani worker entitled to appeal dismissal in right to work case

Companies face penalties if they employ people from other countries without establishing that they are entitled to work in the UK. However, employees must be given every opportunity to provide the necessary documents before they are dismissed or their...

Sleep-in care workers 'not entitled to minimum wage'

Care workers sleeping at their workplace were “available for work” rather than “working” and so were not entitled to be paid the national minimum wage for the whole of their sleep-in shift. That was the decision of the Court of...

Optician was discriminated against following maternity leave

An optician has won her claim of unfair dismissal and discrimination after her employer tried to reclaim training costs following her maternity leave. Ms M Walworth had joined the opticians and hearing care firm Scrivens as an optical advisor. She signed a...

Dismissing employee for failing to complete training was 'not unfair'

A pharmaceutical company was within its rights to dismiss an employee who failed to complete mandatory online training courses. That was the decision of the Employment Appeal Tribunal in a recent case involving a medical sales rep Mr Barongo. who was...

Pimlico and Hermes 'worker' rulings could affect gig economy

The Supreme Court ruling in the Pimlico Plumbers case and the Employment Tribunal decision involving Hermes help to clarify the difference between ‘worker’ and ‘self-employed’ and could have a significant impact on the gig economy. ...

Muslim bus driver loses discrimination and harassment claims

A Muslim bus driver has lost his claim that he was subjected to harassment based on his race or religion while at work. The issue arose when the driver, who was of Moroccan origin, was talking to a colleague in the staff canteen. He told him about a report...

Firefighters' shift pattern breached Working Time Regulations

The High Court has ruled that a 96-hour shift pattern for firefighters was unlawful because it breached the Working Time Regulations 1998. The case involved firefighters employed by South Yorkshire Fire and Rescue Service. The authority operated a shift...

Hermes drivers are 'workers, not self-employed contractors'

An employment tribunal has ruled that drivers with Hermes are workers, not self-employed contractors and so are entitled to employment rights. The ruling follows a similar decision by the Supreme Court, which held that a plumber with Pimlico Plumbers should...

Firm discriminated against pregnant woman by extending probation

The Employment Tribunal has ruled that an employer discriminated against a woman when it extended her probationary period after discovering she was pregnant. Charlotte Kimberley was appointed as a contracts administrator by Calibre Building Services on 8...

Disabled employee wins claim over 'forced evening work'

A disabled employee has won a constructive dismissal claim after his employer ‘forced’ him to work evenings. The employee joined the firm in October 2011. He regularly worked 12 to 14-hour days that stretched well into the evening. In July 2012...

Manager with reduced role under TUPE was 'unfairly dismissed'

An NHS manager who was told her role was being reduced by half during a TUPE transfer was unfairly dismissed. That was the ruling of the Employment Tribunal in a case involving Karen Faulkner and the NHS Business Services Authority. Mrs Faulkner was a...

EU to introduce high level protection for whistleblowers

The European Commission has proposed a wide-ranging new law to strengthen protection for whistleblowers who uncover unlawful activities in their company or organisation. It’s thought the new measures are likely to be adopted by the UK as part of our...

Lack of pay rise resulted in 'unlawful deduction of wages'

A local authority’s decision not to award incremental pay increases resulted in unlawful deductions of wages for some of its employees. That was the decision of the Court of Appeal in a case involving Nottingham City Council and three groups of its...

'Incompetent redundancy process' led to unfair dismissal

Choosing candidates for redundancy is a complicated process requiring a detailed knowledge of employment law. If the correct procedures are not carried out, employers could face costly claims of unfair dismissal, as happened in a recent case before the...

Employers 'must do more to prevent sexual harassment'

Employers must do more to prevent sexual harassment and remove toxic cultures in many workplaces, according to the Equality and Human Rights Commission (EHRC). The Commission makes several recommendations to improve protection for employees in a new report,...

Company stops 'loose cannon' revealing information about clients

A company has prevented an aggrieved employee described as a ‘loose cannon’ from revealing confidential information about some of its clients, including a foreign government and a royal family. The High Court heard that the company provided...

Doctor's dismissal for 'racist comments' was not unfair

An NHS surgeon dismissed for making racist comments was not unfairly dismissed or subjected to race discrimination. That was the ruling of the Employment Appeal Tribunal (EAT) in a case involving Mr Peter Hale, an experienced surgeon who worked for Brighton...

Agency worker wins claim against Royal Mail over conditions

An agency worker who was not provided with the ‘same basic working and employment conditions’ as regular employees has won his claim of unequal treatment. The case involved Mr D Kocur, who had been supplied to Royal Mail by an agency. He worked...

Primark must pay transgender employee £47,000 compensation

A transgender employee has won her claim of constructive dismissal after she was forced to resign following a series of discriminatory comments from her colleagues. Miss Alexandra de Souza E Souza worked as a retail assistant for high street clothing brand...

Employers named and shamed for paying under minimum wage

Nearly 180 employers have been named and shamed for paying more than 9,000 workers less than the National Minimum Wage. The underpayments totalled £1.1m. Those workers underpaid have now received back payments of the wages owed. The worst offending...

Poundland employee 'unfairly dismissed' over giveaways

An employment tribunal has ruled that a Poundland employee was unfairly dismissed after giving away over £300 worth of products to customers. The employee, Mr Zia, joined the company in June 2013 and worked his way up to assistant manager of the...

Protect against your staff stealing valuable data

Businesses are facing an increasing threat from staff who steal valuable data to help them set up a rival firm or take to a new job with a competitor, according to recent research. A survey by the security software company Symantec found that 56% of...

Large employers given extra time to report gender pay gap

Large employers who’ve missed the deadline for reporting on their gender pay gap have been given extra time to comply – but they’ve been told they’ve entered the “last chance saloon” to avoid penalties. Private and...

Firm stops former employee using its intellectual property

A health care solutions company has been granted an interim injunction preventing a former employee using one of its software programs. The company owned the copyright in a program designed to assist child fostering agencies with accounts, client management...

Increase in claims after employment tribunal fees ruled unlawful

There has been a sharp rise in the number of employment tribunal cases since the Supreme Court ruled in July that the fees charged to bring claims were unlawful. Figures released by the Courts and Tribunal Service show that claims rose by 64% between July...

Firm must pay £400k over unlawful inducements to employees

An electrical firm has been ordered to pay a total of £418,000 to 56 of its employees after making unlawful inducements to them to change the terms of their employment contracts. The employees were all members of Unite, which was recognised as their...

Top businesses must show how they stop sexual harassment

The recent sexual assault scandals involving MPs and Hollywood actors has prompted the Equality and Human Rights Commission to write to leading companies telling them they’ll face legal action if they fail to deal with sexual harassment. The letter to...

Second blow for Uber as European Court rules it's a taxi firm

Uber may have to reconsider its working practices after losing two major legal battles within two months. The European Court of Justice (ECJ) has ruled that the company should be classified as a taxi firm and regulated as such, a decision that may have...

Sainsbury's employee 'unfairly dismissed' over headphones

The Employment Tribunal has ruled that Sainsbury’s acted unfairly when it dismissed one of its employees for persistently wearing headphones while working. Victor Onyike had worked for the retailer for several years as a commercial assistant in the...

Dyson granted injunction to stop engineer working for rival

The Dyson group has been granted an injunction preventing one of its top engineers working for a rival company for 12 months. The case involved Dyson’s research and development company, Dyson Technology Ltd, which is developing the company’s...

'Substitution' means Deliveroo cyclists are self-employed

Deliveroo has won a dispute over whether its cyclists should be classed as workers or self-employed after inserting a ‘substitution’ clause into their contracts. The issue arose after the Independent Workers' Union of Great Britain (IWGB)...

Director recovers money after colleague diverted funds

A director has succeeded in recovering money from the estate of a colleague who breached his legal duty by diverting funds and business opportunities to a rival company. The case involved two directors, Nigel Clegg and Andrew Pache, who were joint...

Employment tribunal fees now being refunded

People who have paid fees to bring a claim to the Employment Tribunal can now start applying to get their money back. The refund scheme was introduced by the government after the Supreme Court ruled the charges for bringing a claim were unlawful. The...

New Years Resolutions?

Thinking of moving house, setting up a new business or writing a will in 2018? Many of us will take the turn of the new year as a chance to reflect on the recent past and maybe to resolve to address some important issues in our lives over the coming months...

Engineer wins appeal against employer monitoring his emails

An engineer who was dismissed after his employer monitored his emails has won his appeal that his right to privacy had been breached. The case involved a Romanian company that set up an IT system and Yahoo messenger account to enable employees to send...

Postman awarded £22,000 after his flexible hours were changed

A postman has been awarded £22,000 compensation after his arrangement to work flexible hours was altered without his agreement. The Employment Tribunal heard that Adam Gregory had worked for Royal Mail for more than 20 years. Following his divorce in...

Up to 1 in 5 minimum wage workers 'could be underpaid'

Up to 1 in 5 minimum wage workers may be receiving less than their legal entitlement, according to research by the Low Pay Commission (LPC). Between 305,000 and 580,000 people could be affected. Most of them are female, part-time and hourly paid. Thousands...

Use of new technology 'didn't remove TUPE responsibility'

A company’s decision to use new technology to bring one of its services back in house did not remove its responsibility under TUPE to hire workers affected by the change. That was the decision of the Employment Tribunal in the case of Anglo Beef...

Dismissal of surgeon following 20-month absence ruled unfair

The dismissal of a surgeon who took 20 months’ unauthorised absence after falling out with colleagues has been ruled unfair. The case involved a consultant neurosurgeon whose relationship with other medical staff broke down after they made allegations...

Director wins appeal against penalties for late tax return

A company director has won his appeal against penalties imposed by HMRC for failing to submit a self-assessment tax return on time. The tribunal held that it was not the responsibility of a director to register for self-assessment and send a personal...

First gender pay gap figures published under new rules

The Department of Education (DoE) is the first government body to publish its gender pay gap figures. Other departments, together with large companies, are expected to follow over the next six months. In April, the UK became one of the first countries in...

Bereaved parents to get paid leave so they can grieve

Parents who suffer the death of a child would receive statutory paid leave to grieve, under a proposed new law being supported by the government. Currently there is no legal requirement for employers to provide paid leave for grieving parents. The Parental...

Employee jailed after revealing company information

An employee has been jailed for six weeks after breaching a court injunction prohibiting him from revealing confidential company information. The issue arose after the company lost a contract to a competitor. It brought a claim against the employee...

HMRC sends warning to employers after Rangers tax ruling

HMRC officials are urging employers running employee benefit trusts to come forward following the Supreme Court ruling against the company that formerly owned Rangers football club. They say there could be wide-ranging implications for businesses that...

Judge & Priestley's first three months in Chislehurst.

It is just over three months since Judge & Priestley announced the acquisition of the business interests of the Chislehurst based solicitor’s practice of Preston Mellor Harrison (PMH)and in that time we have been very busy in BR7. Through May we...

Employee sacked for '21-second oversight' awarded £43,000

A slaughterhouse worker with 40 years’ experience who was sacked for a “21-second oversight” has won his claim of unfair dismissal. Brian Christie had worked for the meat processing company McIntosh Donald for 42 years and reached the...

Company prevents high-flyer from working for competitor

A company has enforced a restrictive covenant preventing a highly experienced employee from working for a competitor for six months. The case involved a UK subsidiary of a worldwide group offering professional services, and one of its consultants. The...

Ambulance staff win dispute over holiday pay and overtime

Overtime worked by ambulance staff during an emergency or when they can’t avoid it the end of a shift should be included in their holiday pay calculation. However, voluntary overtime agreed in advance doesn’t have to be included. That was the...

Argos fails in legal bid to prevent union calling strike

The retail giant Argos has failed to get a court order restraining the Unite union from calling strike action in a dispute over staff relocation. The issue arose after Argos announced that there would be a TUPE transfer of one of its distribution centres to...

Thousands of women workers win £50m equal pay claim

Thousands of women have won an equal pay claim estimated to be worth a total of £50m in a dispute dating back over several years. The 6,000 women all worked for Glasgow City Council in a variety of low-paid roles including carers, caterers and...

Advocate General affirms rights of workers to belated holiday pay

The EU’s leading lawyer has stated that workers are entitled to claim unpaid holiday entitlement even after they have left their employment. Advocate General Tanchev said: “In circumstances where an employer has not provided a worker with paid...

Jaguar Land Rover must pay out £19,000 over 'racist slurs'

Jaguar Land Rover has been ordered to pay £19,000 compensation to a black employee who was subjected to racist slurs by staff and management.   Mr Paul Hoyte claimed he had regularly suffered abuse and harassment because of his race and...

Company prevents former employee working for competitor

A company has succeeded in preventing a former employee from working for a competitor for a set period and obliging her to return confidential documents. The employee had worked as an office, accounts and recruitment manager and her written terms of service...

Underpayment claims 'must be made within three months'

The Employment Appeal Tribunal (EAT) has confirmed that claims by employees for unlawful deductions or underpayment must be made within three months or they would be time-barred. The ruling was made in the long running case involving employees who claimed...

Recruitment test discriminated against candidate with Asperger's

A special psychometric test discriminated against a job applicant with Asperger’s Syndrome because it put her at a disadvantage to other candidates. That was the decision of the Employment Appeal Tribunal (EAT) in the case of Ms Terri Brookes who...

Employee can claim damages for stigma of unfair dismissal

An employee can claim damages for the stigma of an unfair dismissal that made it highly unlikely he would ever find similar work again. That was the decision of the Court of Appeal in a case involving a project manager with Telford Hospitals NHS Trust. The...

When should workers be paid if on call or sleeping on site?

The issue of whether workers should be paid the National Minimum Wage when they’re on call or required to sleep on site has been addressed by the Employment Appeal Tribunal (EAT). It said there was no definitive answer as each case would depend on its...

Mother sacked because of disabled daughter awarded £18,886

A mother who was sacked because her employers felt that caring for her daughter was more important to her than her job has been awarded £18,886 in compensation. Maria McKeith started working part-time for the Ardoyne Association in Northern Ireland in...

Employment Law Changes That May Affect Your Business in 2017

As a business and an employer you need to be aware of the main changes to employment law during 2017. Below we set these out: Increase in National Living Wage and National Minimum Wage from April 2017 On 1st April the National Living Wage for employees...

Pilot too tired to fly wins case against Thomas Cook

A pilot who was suspended by travel company Thomas Cook after saying he was too tired to fly has won his grievance claim. The Employment Tribunal was told that Captain Mike Simkins was suspended for six months and threatened with dismissal because he...

Journalist sacked over Prince George story wins compensation

A BBC journalist has been awarded more than £50,000 compensation after being unfairly dismissed following his failure to report the birth of Prince George.   Chandana Keerthi Bandara worked as a producer providing online news about Sri...

EU lawyer says employers can ban wearing of religious symbols

The European Union’s top legal adviser says employers can have a ban on wearing religious symbols and clothing in the workplace as long as it applies to all faiths and views equally. Juliane Kokott, the European Court of Justice’s advocate...

EU employment directives remain in place during Brexit process

The referendum vote to leave the European Union could have a significant effect on UK employment law although there will be no change in the short term while the Brexit process is taking place. It means EU law relating to matters such as TUPE, Working Time...

Lorry driver awarded more than £80,000 following accident

A lorry driver who was injured in an accident at work has been awarded more than £83,000 compensation. The Court of Appeal heard that the driver had been using a tipper lorry when the hydraulic ramp collapsed. The resulting impact forced him upwards...

Fingerprint expert wins unfair dismissal claim against police

A fingerprint expert who was sacked after making a mistake has won her unfair dismissal claim against the police. Fiona McBride was one of four specialists who said a fingerprint found at a crime scene was that of an investigating officer who had been told...

Employees will be able to request time off for training

Employees will soon have the right to request time off for training under the Apprenticeships, Skills, Children and Learning Bill.   The legislation is expected to be in place by 2010 and it’s estimated that about 300,000 people a year will...
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