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Headscarves and Religious Discrimination

Posted by on Mar 14, 2017 in Latest News, News | 0 comments

Does the banning of a headscarf at work constitute direct religious discrimination? No, held the CJEU in Achbita v G4S Secure Solutions (the full judgment is not available yet, only the press summary). G4S in Belgium operated a policy of ‘neutrality’, banning all wearing of political, religious or similar signs. A Muslim employee announced she wanted to start wearing a headscarf; she was told she could not, and she was then...

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Harassment simply by asserting disability? – No

Posted by on Mar 2, 2017 in Latest News, News | 0 comments

Can a Claimant successfully claim harassment by simply asserting s/he has a disability without establishing s/he is disabled under the Equality Act 2010? No, held the EAT in Peninsula Business Services v Baker. The Claimant was employed as a tribunal representative by Peninsula. In January 2014, he told his advocacy manager he had dyslexia. A psychologist’s report confirmed this and an occupational health report in August 2014...

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Court of Appeal delivers a key judgement on employment status

Posted by on Feb 10, 2017 in Latest News, News | 0 comments

The Court of Appeal has delivered an important decision on employment status holding that the plumbers engaged by Pimlico Plumbers were engaged as workers not self employed contractors. In Pimlico Plumbers Ltd and anor v Smith, the Court of Appeal has upheld the decision of an employment tribunal that a plumber who was self-employed for tax purposes was nevertheless a ‘worker’ within the meaning of S.230(3)(b) of the Employment Rights Act...

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Perfunctory and insensitive redundancy consultation renders dismissal unfair

Posted by on Nov 16, 2016 in Latest News, News | 0 comments

Is a ‘perfunctory and insensitive’ redundancy consultation likely to make a redundancy dismissal unfair? Yes, held the EAT in Thomas v BNP Paribas Real Estate, upholding an appeal against the finding of a fair dismissal. The Claimant had over 40 years’ service, ending up as a Director of the Respondent’s property management division. After a strategic review, the Claimant was put at risk of redundancy and immediately put...

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Manifestly inappropriate final written warning could not be relied on in dismissing for further misconduct

Posted by on Nov 10, 2016 in Latest News, News, Uncategorized | 0 comments

In Bandara v British Broadcasting Corporation the EAT has upheld the decision of an employment tribunal that an employer had not been entitled to rely upon an existing final written warning when considering whether to dismiss an employee for further misconduct because the decision to issue the existing warning was ‘manifestly inappropriate’. However, the EAT went on to hold that the tribunal erred in finding that the dismissal was...

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