Settlement of the Court of Session action between Robert Tamburrini, Chief Executive of the North Glasgow Housing Association, and the publication ‘The Digger’, has been welcomed by Peter Watson, Senior Partner at Levy & McRae Solicitors.

Speaking on behalf of his client, Robert Tamburrini, Mr Watson said: “The Digger published wholly untrue allegations about our client over the course of a two year period and today’s front page public apology demonstrates the seriousness of its actions.

“The Digger’s false articles seriously impacted on the reputation of our client and his employer, the North Glasgow Housing Association, and we are delighted with the outcome that involves The Digger paying Mr Tamburrini’s judicial expenses and £1000 to a charity of his choice.

“Unfounded articles by publications such as The Digger cannot be allowed to go unchallenged as they damage the reputation of journalism as a whole.”

For further information, please contact Callum Anderson at Levy & McRae Solicitors on 0141 307 2311.

Lawyers at an event in Atlanta say cost cutting for outside counsel to corporations has reached unprecedented levels this year.

How one local in-house counsel approaches outside law firms may very well summarize the state of today’s legal economy.

“I have to personally reduce outside counsel costs,” said Norcross’ Michelle L Meiselman, assistant general counsel for Akzo Novel Inc, a global supplier of paints, coatings and specialty chemicals based in Amsterdam, Netherlands. “If I don’t, then it comes out of my bonus – if there are bonuses this year.”

Michelle L Meiselman of Norcross

Meiselman’s comments, that cost cutting for outside services to corporations has reached unprecedented levels this year, was echoed by another in-house lawyer and law firm attorneys at a panel discussion in Atlanta this week.

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Hamilton Academical Football Club chairman Ronnie MacDonald has saved 87 jobs by buying collapsed Glasgow packaging manufacturer Robert Cullen, a business he had exited in spring last year, The Herald has learned.

Cullen, which makes pulp-based disposable bedpans and medical trays for the NHS and manufactures cardboard boxes, collapsed into administration in February with debts of £10.5m.

MacDonald had been a driving force behind Robert Cullen for more than two decades before he sold his 50% stake to Chris Hogarth, who owned the other half of the business, in April last year.

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The cost of some payment protection insurance (PPI) policies has risen by as much as 170% over the last 12 months in response to rising levels of redundancy and unemployment. PPI cover is designed to protect policy holders against redundancy.

Analysts believe that, with the number of PPI claims on the increase and the number of new customers in decline, insurers are preparing to cut pay-outs, increase monthly premiums or cancel customers’ existing cover in a bid to limit their losses.

Figures from the Association of British Insurers (ABI) indicate that the number of redundancy-related PPI claims jumped from 8772 in 2007 to more than 19,000 this year.

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A City high flyer has been awarded more than £64,000 in compensation after she was sexually harassed and then sacked by her chief executive.

Nadine Nassar was sent late night suggestive text messages by her boss, Guy Oppenheim, telling her she reminded him of actress Kate Winslet and he would travel anywhere with her.

One of Oppenheim’s text messages read: “I was watching a movie yesterday with Kate Winslet. It is funny – you remind me of her.”

Days after turning down Oppenheim’s advances in March 2008, Nassar was sacked from her £136,000-a-year job at the London office of the Geneva-based asset management company Notz Stucki.

At an employment tribunal Oppenheim tried to justify the messages as an attempt to help Nassar settle into her new job and life in London.

But the tribunal ruled there was a ‘sexual dimension’ to his messages and that Oppenheim’s behaviour amounted to sexual harassment.

Nassar’s case was brought too late to be considered under sex discrimination laws, but she successfully claimed unfair dismissal.

Oppenheim’s harassment began in 2006 before Nassar first joined Notz Stucki as a private client director, but intensified when she moved to the Mayfair office in January 2007.

Nassar made a formal complaint about Oppenheim’s sexual harassment in late March 2008, and days later in early April she was fired.

She said: “I was called into an office, without any prior warning, by Oppenheim, who simply said ‘This is not working out.’ “He stated that I would have to leave immediately without any further notice. I felt devastated.”

Kat Baker, 20 April, 2009

Here is a summary of the key changes occurring on Monday, 6th April, 2009.

1. Abolition of Statutory Dismissal and Grievance Procedures.
We’re back to the pre-2004 position on unfair dismissal.

2. New Acas Code on Disciplinary and Grievance Procedures.
If it’s not followed, tribunal awards can be adjusted by up to 25%. Here’s something important: for the first time, it is necessary for employers to inform employees of their right to be accompanied – and if the employer fails to do so, it’s a breach of the Acas code and so a potential uplift in compensation. Previous law has just been that the employee cannot be unreasonably refused a representative – now they’ve got to be told of their right as well.

3. New ET1 and ET3 forms.
New forms are to be used from 6th April, unless the transitional provisions mean the pre-April rules still apply (although for a limited period, tribunals will accept both forms). The new form will go up on the employment tribunals website on 6th April.

4. Paid holiday.
Paid holiday entitlement increases to 5.6 weeks (equivalent to the old 20 days plus 8 days bank holiday for a full-time worker).

5. Changes to employment tribunal rules of procedure.
Most important changes are that judges can now sit alone on holiday pay claims and stage 1 equal value claims.

6. Equality Bill.
The Government plans to publish its long-awaited Equality Bill this month.

7. Flexible working.
Parents with children under 17 can now request flexible working (it was previously children under 6). Employers can still just say ‘no’!

8. SMP/SSP.
SMP increases to £123.06 (from £117.18), and SSP increases to £79.15 (from £75.40) Daniel Barnett, 1 April, 2009

The Government has faced a concerted call this week to introduce a temporary short-time working scheme across the UK in next week’s Budget.

Joining forces to make the plea were the British Chambers of Commerce (BCC), the TUC, EEF (the manufacturers’ organisation), the Federation of Small Businesses (FSB) and The Work Foundation.

The organisations have jointly written to the Chancellor of the Exchequer, Alistair Darling, outlining a plan in which Government would partially compensate workers for lost earnings where there was an agreed reduction in working hours and pay, and a commitment to training.

Such a scheme would keep workers in employment and would help viable businesses survive during the global downturn, the organisations argue.

They believe that such short-time working arrangements minimise the risks of unemployment while economies are shrinking. They are also an investment in the workforce, as staff use sacrificed working hours to take part in Government-backed training.

Furthermore, the Government avoids the higher costs associated with benefit payments and the indirect costs of rising unemployment.

TUC General Secretary Brendan Barber said: “Short-time working schemes are working well across Europe and are preventing many thousands of unnecessary job losses. The Government must ensure that UK businesses and workers have access to such channels of support.”

Croner, 17 April, 2009

An Asian council worker who was forced to eat alone and refused holiday requests because she did not ‘fit in’ has been awarded £112,000 for racial discrimination.

Rosene Railton, 43, claimed she was victimised and publicly humiliated by her boss who deliberately set her up to fail by giving her an excessive workload.

She said she was treated differently due to her race and accused colleagues of being ‘rude and nasty’ during an eight month ordeal at Northumberland County Council.

Rosene Railton suffered from depression and panic attacks after she was the victim of racial discrimination at Northumberland County Council in Morpeth.

Mrs Railton, who had 23 years of continuous service in local Government, suffered panic attacks and was left crying on the way to work, the tribunal heard.

She was so traumatised that she lost weight, her hair fell out and she turned into a recluse. Her ordeal had left her ‘devastated, hurt, upset and distressed’.

Unable to return to work due to stress she launched legal proceedings and was awarded the six-figure sum to cover lost earnings, pension rights, and injury to feelings.

Mrs Railton, a former parish councillor, started work at the Council in January 2006 and was employed to monitor school services in her assigned area.

But during her probationary period she claimed she was victimised and bullied by her boss who accused her of being ‘cold’, ‘formal’ and failing to ‘fit in’ with the team.

After the tribunal Mrs Railton said that although her nightmare was now at an end it had simply ‘sucked the life from her’ and had left her ‘extremely ill’.

“I was made to feel like I was different,” she said. “It upset me that there are people out there who treat you like this and have these thoughts about you.’

She added: “I did not think I was different until I went to Northumberland County Council.

“The whole experience has been emotionally draining. As a result of the lengthy internal investigation and tribunal proceedings, I have become extremely ill.

“I have become incapable of doing a job I loved, and one which I was very successful at.

“At this moment in time I don’t see how I will ever be in a position to return to work, although I hope I can.

“What happened sucked the life out of me and (now) I’m tired, emotional and always crying.”

Before moving to the Council’s headquarters at County Hall, Morpeth, Mrs Railton had an ‘exemplary’ sickness and service record.

But within weeks of arriving she became a target for her boss and was treated differently to a white colleague in the same position, the hearing was told.

When a headmaster and caretaker at a school in her area were accused of racism she said her boss simply replied: “I do not want to know about any racist issues, I can’t be bothered with them.”

On another occasion she said not enough action was taken against another caretaker who was collecting sponsorship money by telling those he stopped: “I’m collecting for the darkies of Africa”.

Although he had used clearly offensive language he received only a reprimand, the hearing in Newcastle was told.

In a third incident she claimed she overheard colleagues in the office discussing airport security when one said: “Muslims, I would send them all back”.

Mrs Railton, of Wylam, Northumberland, finally left the Council in August 2006 but not before launching a grievance.

In its report the tribunal panel said: “The claimant was set up to fail by being given an excessive workload whilst on probation.

“The incidents, we found, had a marked impact on her. We accepted that Mrs Railton was devastated, hurt, upset and distressed.

“She had become a recluse, relying heavily on her family.”

It also agreed that her boss had been ‘heavy handed’ with her and treated her differently to a white colleague doing exactly the same job.

Mrs Railton’s Solicitor Deborah Henning said yesterday: “Rosene was subjected to insidious discrimination and victimisation.

“The tribunal has rightly recognised her distress by awarding her these damages.”

Tony Martin, regional organiser for Unison which helped Mrs Railton bring her case, said: “Rosene has spent many years of her life working in the public services for the good of others.

“It is therefore shameful that she has been treated so appallingly.”

Today a spokesman for the council said it still disputed the allegations and planned to appeal against the judgement. He refused to comment further.

Paul Sims, 6 April, 2009

What does the word ‘normal’ mean, when considering whether something is a ‘normal day-to-day activity’ for the purposes of the Disability Discrimination Act 1995?

According to a decision of the EAT in Chief Constable of Dumfries & Galloway Constabulary v Adams, it refers to activities which are to be found amongst a range of employment situations. It would not cover a specialist skill, even though such a skill might be normal within the particular industry (eg. a skilled watchmaker using specialised tools to craft fine objects of precision).

So, in this case, skills required specifically of a policeman would not be a ‘normal day-to-day activity’. However, where the activity was a common one across a range of industries (specifically, walking around during night-shifts), then it did qualify as a ‘normal day-to-day activity’.

Daniel Barnett, 17 April, 2009

Telling overweight NHS nurses to lose weight is a step too far and could lead to disability or constructive dismissal claims, leading HR experts have warned.

A Department of Health report published earlier this week called on overweight NHS staff to shed the pounds, to set a good example to patients. Some 700,000 nurses, midwives and health visitors are thought to be obese, and the Healthy Weight Healthy Lives report specifically asks them to change their own eating behaviours and lifestyles. Obesity could cost the economy an estimated £50bn a year by 2050.

But Linda Scott, head of HR at the British Transport Police, said she was “sceptical” that telling employees to lose weight would promote good health. “It’s the responsibility of employers to educate people, but they shouldn’t take responsibility for what people do in their private lives. This is a gut reaction from the Government in response to data that health professionals have the highest absence rates,” she told Personnel Today.

She added: “Employers’ focus should be on advice and education. They should be negotiating with providers to give people access and discounts to things like gyms and other places where they can go and take exercise.”

Helen Giles, HR director at homeless charity Broadway, agreed employers should provide information on healthy living, but insisted it is not HR’s responsibility to tell employees they are overweight unless their size impedes their work.

“People can take responsibility for their own health. It’s not my business to tell somebody ‘you are too fat’, or ‘you should lose weight’. My responsibility is to set up a working environment where you are productive and you want to come to work,” she said.

A legal expert also warned any attempts to enforce weight loss programmes or target specific individuals would be “fraught with difficulties”.

Guy Lamb, Employment Partner at DLA Piper, said the proposals could lead to increased victimisation and constructive dismissal complaints. A number of factors could cause weight gain, including medical conditions which can be classed as disabilities. “If you single someone out on the basis of weight, and that’s down to a disability, this could lead to discrimination claims,” he said.

HR directors also expressed concern at the Government’s timing for these proposals, with HR functions already working to tight budgets.

Roy Mark, HR director at electrical retailer DSGI Business, told Personnel Today: “While the intent is well meaning, it is not great timing to try and do this in a recession.

“I would caution any well meaning HR professional (against) trying to suggest to their board colleagues that they divert valuable resources from core business challenges onto this latest government initiative at this time.”

But Sian Thomas, Director of NHS Employers, told Personnel Today it is important that NHS staff practice what they preach and can offer themselves as “role models” for public health initiatives.

She said: “If you are in the business of promoting something like improving health, it’s important you role model the way people go about doing that.”

Kat Baker, April 2009

An employment tribunal judge has directed that a copy of his judgment should be sent to the police after a foreign worker complained he had been threatened if he did not drop his action to recover money owed.

Nigerian, Shadow Echelobi, came to Glasgow in May last year to work for Glasgow-based First Response Security.

Mr Echelobi claimed he worked 269 hours between May 12 and 27 but was not paid.

He claimed he was pushed out of the office and told, “I’ll see you in court”.

Mr Echelobi also told the tribunal that he received a call telling him he would be “gunned if I don’t forget the money”.

Tribunal judge Ian McPherson ordered First Response Security and Security Guard Group jointly and severally to pay him £1,479 in outstanding wages.

Mr McPherson said: “The proper administration of justice requires that witnesses can come forward without fear.

“Where it appears there have been attempts to intimidate the claimant into withdrawing his claim, that allegation – if established – is a serious interference with justice, as well as a potential criminal offence.

“As such, I have directed the Secretary of the Tribunals to send a copy of this judgment to Strathclyde Police for their information and enquiry.”

At first glance the recession appears to be hitting the major cities outside the South East the hardest, including Birmingham, Leeds, Liverpool, Kingston upon Hull, Glasgow and Manchester.

However, according to new analysis from the Work Foundation, using the measure of the sharpest increases in their claimant rates (percentage of workforce claiming benefits in a local authority area comparing February 2008 with February 2009), the geography of unemployment looks different.

In this list, which is led by the Wear Valley and Blaenau Gwent, only Hull of the big cities remains in the top 10. The likes of Bristol, Bradford and Sheffield are replaced by Swindon, Corby and Bridgend.

Senior researcher Naomi Clayton said: “Places in the eye of the storm as job losses mount are the UK’s core cities and areas associated with traditional manufacturing – places which in many cases had yet to recover fully from previous recessions before this one set in.

“In terms of absolute numbers of new people signing on for Job Seekers’ Allowance (JSA), she went on, it is indeed the core cities of the North and Midlands that are worst hit.

“Perhaps more revealing, though, are the council areas that have seen the sharpest upward movements in unemployment rates,” Ms Clayton went on.

These tell a story of a more traditional UK recession: some areas which had yet to experience the economic prosperity enjoyed by others are once more showing how vulnerable they are to downturns, especially if dependent on single employers.

Policy makers ignore how recessions play out locally at their peril, the Work Foundation concluded and the forthcoming budget must show that the Government is paying attention.

Croner, 15 April, 2009