Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Cleaners facing disciplinary action after asking the Government to consider paying the Living Wage

23 October 2015 #Employment


Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.

14 cleaners allege that they are being subjected to disciplinary action over a letter they sent to Philip Hammond (Secretary of State for Foreign and Commonwealth Affairs) asking to discuss the Living Wage.

The cleaners, who are employed by private contractor were told that disciplinary proceedings were necessary as the letter ‘brought the contract into disrepute’. 

Three of those who sent the letter have reportedly been made redundant and, whilst the contractor (and the Foreign Office) claim that these redundancies were entirely unrelated to the letter, the individuals concerned felt that they were being unfairly targeted.

This clearly throws up some concerning questions for the Government but also raises some interesting employment law issues. 

Selecting an individual for redundancy for the above reason would be unfair on the basis that either the redundancy was not genuine or that objective and reasonable selection criteria were not applied making the process unfair. 

Further, if an employer is seeking to dismiss an employee in the belief that the employee conduct’s bought the contract into disrepute, case law suggests that it will need to demonstrate that the contract is in serious jeopardy to have a chance at a fair dismissal.  

For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

Read more articles

Louise Merrell

Louise Merrell
Senior Solicitor

E: lmerrell@clarkslegal.com
T: 020 7539 8082
M: 0779 900 7325

Contact

Employment team
+44 (0)118 958 5321