Clarkslegal LLP - Solicitors in Reading and London

Employment - Legal Updates

Search Legal Updates

Dec
27
2013

Robertson jam`s golly deemed racist
#Employment

The question of whether the term ‘golliwog` is racist has been in the news over the last couple of weeks.  There has been the Court of Appeal ruling that the term ‘golliwog` can be  racist, whilst also in the news is the disciplinary action taken against a Sussex councillor for her comments about gollys.   Court of Appeal case One of the issues before the Court of Appeal in the case of London...

Dec
20
2013

Employees` right to be accompanied by companion of his choice: EAT decision
#Employment

The Employment Appeal Tribunal has confirmed (Roberts -v- GB Oils Ltd UKEAT/-177/13/DM) that an employee invited to a disciplinary hearing should be allowed to be accompanied by a work colleague or trade union official of his choice. The employer should not reject the requested companion on the basis that they consider the companion to be unsuitable. Background The appellant, Mr Roberts, had be...

Dec
18
2013

Unfair dismissal when school caretaker sacked for alleged historical sex abuse
#Employment

The Employment Appeal Tribunal last week upheld the Tribunal`s finding that a school caretaker had been unfairly dismissed following an allegation of sexual abuse (Z v A UKEAT/0203/13/SM).   Facts The caretaker worked for a primary school.  In March 2010 an allegation was made to the police that he had, some time before his employment began, sexually abused a child.  The police subsequently...

Dec
13
2013

Duty on employer to consider if employee is disabled - even when occupational health says no disability
#Employment

This was the finding of the Court of Appeal in the case of Mr Gallop -v- Newport City Council [2013] EWCA Civ 1583.   Background Mr Gallop had worked for the Council from 1997.  He informed the Council in 2004 that he was suffering from stress and identified various symptoms. From this time he suffered from various other episodes, of which the Council were made aware including from his s...

Dec
10
2013

Holiday pay should include commission
#Employment

In advance of an ECJ decision, the Advocate General's opinion in the referred case of ZJR Lock v British Gas, is that calculation of holiday pay should include taking account of commission payments, which would otherwise have been earned. ECJ caselaw has previously held that workers should receive "normal remuneration" for time taken as holiday, in order to avoid deterring individuals from takin...

Dec
10
2013

Christians can be required to work Sundays if it is "proportionate" says Court of Appeal
#Employment

The Court of Appeal has recently given its judgment on whether requiring a Christian to work Sundays amounted to indirect religious discrimination (Celestina Mba -v- Merton London Borough Council [2013] EWCA Civ 1562).  In this case, it was held that there was no discrimination.   The facts Ms Mba was a practising Christian and she held a deep and sincere belief that Sunday is a day for worksh...

Dec
10
2013

Are you making provision for commision when calculating holiday pay? Full ECJ decision awaited
#Employment

In advance of an ECJ decision, the Advocate General`s opinion in the referred case of ZJR Lock v British Gas, is that calculation of holiday pay should include taking account of commission payments, which would otherwise have been earned. ECJ caselaw has previously held that workers should receive "normal remuneration" for time taken as holiday, in order to avoid deterring individuals from takin...

Dec
06
2013

B&B double bed policy discriminated on basis of sexual orientation
#Employment

When manifestation of a protected characteristic by one individual interferes with another individual`s rights through a separate protected characteristic, this will be unlawful discrimination confirmed the Supreme Court recently in Bull v Hall. In this case, the particular rights in question involved the devout Christian beliefs of hotel owners and the rights of a gay couple in a civil partners...

Dec
06
2013

Ill health dismissals guidance
#Employment

In a dismissal for capability following sickness absence, the Court of Session has stated in BS v Dundee City Council that the fairness and reasonableness of the employer`s decision, depends upon consideration of three issues:  1.     Whether the employer could be expected to wait any longer for the employee to return from their absence - including considering the costs of continued employment (...

Dec
06
2013

A minister can be an employee or a worker
#Employment

In May this year we blogged on the case of Methodist Conference v Preston in which the Supreme Court held that it should not be presumed that there is no intention to create legal relations when appointing a minister purely because the role being carried out was a spiritual one.  In the more recent case of Sharpe v Worcester Diocesan Board of Finance Ltd and another, the EAT had to consider whet...

Dec
06
2013

Key changes to TUPE due in force in January 2014
#Employment

Changes to TUPE are due to come into force in January 2014, driven by complaints from parts of the business sector that the UK`s TUPE regulations went further than the requirements placed on member states by the Acquired Rights Directive for the safeguarding of employee rights in the event of a business transfer or service provision change....

Nov
29
2013

New right to shared parental leave confirmed from April 2015
#Employment

The government has confirmed this week its commitment to introducing a year of shared leave for new parents from April 2015. Deputy Prime Minister Nick Clegg said the rights would allow men to become more hands-on fathers and stop women feeling they have to choose between a career or a baby. There should not be a "one-size-fits-all" approach, he added. Since April 2011, fathers and mothers hav...

Nov
28
2013

Boiling over?: TUPE decision
#Employment

When a client contracted to build boilers at a power station changed sub-contractors, the employees of the previous sub-contractor (A) claimed that they had transferred to the new sub-contractor (B).   The Employment Tribunal which first considered this decided that there had been a TUPE service provision change.  This was on this basis that the work of B would not be of a short-term duration....

Nov
22
2013

The perils of Christmas parties
#Employment

A decision of the employment tribunal this week is a timely reminder about employee`s behaviour at Christmas parties.   Last Christmas, Virgin Media organised a festive party at which Tracy Cordiner, their employee, attended.  She had too much to drink (which she later admitted) and allegedly made inappropriate and racist comments about her colleagues as well as allegedly sexually harassing...

Nov
22
2013

Union "leverage tactics" sparks QC inquiry into industrial relations
#Employment

The government has launched an inquiry into trade union tactics following the dispute at the Grangemouth petrochemical plant, which almost led to its closure. The review, headed by Bruce Carr QC, will examine whether the law needs to be tightened up to prevent "intimidation" and "harassment".   However, the inquiry will make recommendations about the roles of ministers, employers and workers in...

Nov
15
2013

Ex-Channel 4 presenter loses age discrimination claim
#Employment

John McCririck was a horse racing broadcaster for Channel 4 for 28 years.  In 2012 he was let go aged 72. McCririck claimed this was because Channel 4, and the TV production company IMG Media Limited, were ageist and wanted to hire younger faces.   McCririck has always been known for his flamboyant dress sense.  But over more recent years he has also been known for his chauvinistic outbursts on...

Nov
15
2013

Prison officers disciplined for wearing "We have Madeleine McCann" t-shirts
#Employment

It has been reported that five prison officers from Wandsworth Prison in South London have been disciplined by their employer for wearing t-shirts with the words "We have Madeleine McCann" printed on them whilst on a boys` night out. The Prison Service was alerted to photographs of the officers on Facebook some two months after the photographs originally appeared on the site.   One of the offic...

Nov
14
2013

Sleeping on the job - and National Minimum Wage
#Employment

The Employment Appeal Tribunal  in Whittlestone -v- BJP Home Support Ltd has recently considered whether time spent sleeping on a job and travelling for work should be paid at the National MinimumWage. Mrs Whittlestone was a care worker.  For part of her role, she worked a shift from 11pm to 7am which was termed a ‘sleepover` to provide potential physical care for three young adults suffering fr...

Nov
08
2013

Draft TUPE regulations published
#Employment

The government has published the draft Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2013. The draft regulations reflect the government`s response to the consultation on proposed changes to TUPE, which was published in September 2013. The draft regulations will be laid before Parliament in December and are expected to come into force in Ja...

Nov
08
2013

City banker discriminated against by "bunga-bunga bank"
#Employment

The Times reports today on the case of a female equity salesperson who has won her employment tribunal case where she claimed that she had her £95,000 salary cut to the £6.08 per hour minimum wage  "because she was a woman". There was a sexist culture where male bankers referred to their firm as "Bunga-Bunga Securities". After succeeding in her sex discrimination claim, she is seeking substantial...

Page 37 of 79