In Bougnaoui and anor v Micropole SA, Advocate General Sharpston has given the opinion that an employee’s dismissal for wearing an Islamic headscarf at work, in breach of a direct instruction, was directly discriminatory, and could not be defended on the ground of ‘genuine and determining occupational requirement’ under Article 4(1) of the EU Equal[…]
In Taiwo v Olaigbe and another case, the Supreme Court has held that while immigration status is a function of nationality, it is not so closely associated with nationality as to be indissociable from it. Accordingly, mistreatment of migrant domestic workers on the ground of their vulnerability due to their precarious immigration status did not[…]
New Case Concerning the Definition of Provision, Criterion or Practice in Disability Discrimination Cases: Carreras v United First Partners Research
LATEST NEWS, Our Services May 31, 2016
Appeal against the dismissal of the Claimant’s claims of disability discrimination by reason of a failure to make reasonable adjustments and of constructive unfair dismissal. Respondent’s cross-appeal to the extent the ET had failed to address the question whether the Claimant had waived any breach of contract, relevant to the constructive dismissal claim. Appeal allowed,[…]
Article 8 (Right to Privacy) not Engaged by Employer Investigating Employee’s Emails
LATEST NEWS May 20, 2016
Garamukanwa v Solent NHS Trust UKEAT This appeal raises the question whether the Employment Tribunal dealt properly with the Article 8 issue raised by the Claimant below in relation to the use by the Respondent for internal disciplinary purposes of private material seized by the police in the course of a criminal investigation and to[…]
Report from Daniel Barnett The Trade Union Bill received Royal Assent today and becomes the Trade Union Act. Key provisions are:- requirement for at least 50% turnout in votes for industrial action in certain public services, including in the health, education, transport, border security and fire sectors, an additional threshold of 40% of support to[…]
The European Court of Human Rights (ECHR) has ruled that businesses are entitled to check that their staff are using private messaging applications for work purposes during work hours. Facts Barbulescu (B) had registered a Yahoo Messenger account at his employer’s request. The employer terminated his contract of employment when it found he had[…]
The Art of Employment Law – Workshop at the Jerwood Gallery 22 April 2016 – Book your Place Now!
LATEST NEWS Mar 09, 2016
A settlement agreement is a document that records an employee’s agreement not to pursue a claim or claims against their employer relating to their employment. It can cover almost any kind of employment claim including: Wrongful Dismissal Unfair dismissal Discrimination Unpaid Wages Documents by which employees signed away their employment rights date back to 1993[…]
In 2016, employers will begin to feel the impact of the employment law reforms made by the first Conservative Government in nearly 20 years. There are some controversial decisions affecting a number of employment measures. The introduction of the national living wage sees a major change to minimum pay levels; this will be a big[…]
Yesterday the Guardian published a report which we assisted on revealing how Sports Direct effectively pays beneath the minimum wage. Read it here