Today the Government announced that it will produce guidance on the law on dress codes, following a joint report from the Petitions and Women and Equalities Committees. Those committees called for urgent action to prevent discriminatory practices relating to dress at work.
In the case of 'Green v London Borough of Barking' the Claimant had been dismissed by reason of redundancy. She scored the lowest of three. As a result of the restructure, however, two new posts were created. The Claimant was not successful in securing one of these new roles and claimed that her dismissal was unfair.
In the case of 'Adeshina v St George’s University Hospitals NHS Foundation Trust' the Claimant was Head of Pharmacy Services at HMP Wandsworth. Her employer wished to embark upon organisational change and create a central pharmacy at the prison. The proposals would change the way pharmacy services were delivered.
In the case of 'Downie v Coherent Scotland', the employer believed that the HR Manager’s role required to be full time. The Claimant was unable to do so for family related reasons but proposed various alternatives. The Claimant was dismissed by reason of redundancy. She raised Tribunal proceedings arguing that her dismissal was unfair and amounted to unlawful discrimination. She sought reinstatement which failing, compensation.
Where an employee’s position is redundant and the employee is eligible (i.e. has over 2 years’ service) the individual may be entitled to a statutory redundancy payment. However, in terms of the Employment Rights Act 1996 an employee who unreasonably refuses an offer of suitable alternative employment is not entitled to the statutory payment. In Dunne v Colin & Avril, the Employment Appeal Tribunal had to consider the legal tests that an Employment Tribunal would apply in this area.