Katherine Swinn

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Katherine Swinn

About Katherine Swinn

Katherine works as a Consultant Solicitor for Truth Legal. She is a highly experienced Solicitor skilled in Civil Litigation, Dispute Resolution and Employment Law. Katherine has worked locally in the legal profession for nearly 11 years. She is also the Honorary Secretary of the Harrogate & District Law Society.

Increased violence against NHS staff – New measures announced in clampdown

Recent figures have shown violence against NHS staff has reached its highest level in five years. Last year, an astonishing one in seven health professionals were attacked in the course of their work. However, action is being taken.  In this regard, new measures to provide protection to NHS staff will [...]

By |2018-11-28T14:50:25+00:00November 26th, 2018|Assaulted at Work, Employment Disputes|

Vicarious liability – Can an employer be held to be legally responsible for the violent conduct of an employee after an office Christmas party?

Case: Bellman -v- Northampton Recruitment Limited [2018] EWCA Civ 2214 Why is the case important? The Court of Appeal decided that an employer was vicariously liable for the costs of providing care to one of its employees who suffered life changing injuries after he was punched by the Managing Director [...]

By |2018-11-14T14:22:34+00:00November 14th, 2018|Employment Disputes, Personal Injury|

Dismissal by reason of misconduct

The Burchell test Case:  British Home Stores -v- Burchell [1978] IRLR 379 After 40 years, this is still one of the key decisions in unfair dismissal cases when considering a dismissal arising from misconduct. Why is the case so important? The Employment Appeal Tribunal outlined several factors that should be [...]

By |2018-11-05T10:50:08+00:00November 5th, 2018|Employment Disputes|

Unfair Dismissal Claims: “Polkey deduction” or “No difference rule”

Reviewing the case of Polkey -v – AE Dayton Services Limited [1987] IRLR 503 In an Employment Tribunal claim, a “Polkey deduction” is something that is capable of reducing your compensatory award in an Unfair Dismissal claim.  We have provided an introduction to this which may be accessed by clicking [...]

By |2018-11-01T10:28:07+00:00November 1st, 2018|Employment Disputes|

Discrimination Claims – Was calling an employee a “fat ginger pikey” banter or harassment?

Case: Evans- v-Xactly Corporation Limited  UKEATPA/0128/18 & 129/19/LA What is banter? Banter may be defined as “the playful and friendly exchange of teasing remarks” or to “exchange remarks in a good-humoured teasing way”.  It is commonplace in many workplaces.  In fact, it may also be deemed to be acceptable in [...]

By |2018-10-31T15:38:27+00:00October 30th, 2018|Employment Disputes|
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