Jackson, Ella, William, Evelyn, and Christian work at an assisted living facility called Advance Health care. The facility is one of several operated by a multi-national organisation called Rosewood Care Limited (RCL). All five of them have encountered some issues at work which they seek some counsel about.
Jackson is an administrator and is employed full time. He has only worked at the facility for three months. Since he started work there, rumours have circulated that he is a transsexual. Someone who either works in the facility or is resident there has been putting photographs of Jackson on the notice boards with the caption, “Is this a Jackson or a Jackie?” Jackson is very upset by this and complains to Christian, the manager of the facility. Christian has sent an email to remind all the workers at Advance Health care that RCL has an equality policy, and that when he finds out who has done this they will be disciplined and may be dismissed.
Ella is a carer at the Facility and has been working there since 2008. She wears the Advance Health Care company uniform, has paid holidays and is in the company pension scheme. Her tax and national insurance contributions are deducted at source by the company. She usually works weekends and nights only, but her work schedule changes each week and she only works when the company sends her a text and asks if she wants particular shifts. Sometimes she declines work which is offered.
William is of Afro-Caribbean origin. He wears his hair in long dreadlocks which he keeps tucked into a large, knitted hat. He is the cook and helps to prepare around 100 meals a day for the residents. Three other people work in the kitchens. He has been working at the facility for 3 years.
Evelyn is also a cook at the facility and she prepares about 25 meals a day for the staff only. She has no other help in the staff kitchen. She works 35 hours a week, the same hours as William. Evelyn has been working at the facility for 6 years.
Ella has just received a letter to tell her that her services are no longer required as the company is going to out-source the care work and is putting it out to tender. She wants advice on whether she is an employee; if she is, then she wants to know if she would be entitled to redundancy compensation
Evelyn has just found out that William is paid £50 per week more than she is. They both have free lunches, but Evelyn has 33 days holiday each year while William has 35. She wants to know whether she should have the same contractual entitlements as William.
RCL have imposed a new dress code which requires all male staff to have short hair. William has been told that he cannot continue to wear his dreadlocks. He refuses to get his hair cut as he claims that it is part of his religion and he is now threatened with dismissal. He seeks your advice on whether he has a potential claim for discrimination. If he is dismissed, would it be a fair dismissal?
Advise Jackson, Ella, William and Evelyn on any employment rights they may have, taking into account their individual circumstances. Refer to the original text of CURRENT legislation and to relevant case law.
