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Employment - Legal Updates

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Jul
18
2011

Employmentbuddy has a new website
#Employment

Clarkslegal`s online HR resource, Employmentbuddy, has a new and improved website!!...

Jul
18
2011

EHRC calls for the "reasonable accommodation" of religion or belief in the workplace
#Employment

The Equality and Human Rights Commission is seeking to intervene in four cases being heard by the European Court of Human rights involving religious discrimination in the workplace....

Jul
18
2011

Hearsay evidence inadmissible in disciplinary hearing
#Employment

In Bonhoeffer v General Medical Council, the Administrative Court has held, on a judicial review, that hearsay evidence should not have been admitted in a disciplinary hearing....

Jul
18
2011

Text message mistake led to unfair dismissal
#Employment

In the case of Pawlicka v Pier Trading Company Ltd the Employment Tribunal has upheld the unfair dismissal claim of an employee who was "innocently" sent a text message by her manager detailing her exit from the company....

Jul
18
2011

DDA: Wales` highest ever discrimination award
#Employment

A man awarded nearly £400,000 in compensation for disability discrimination is the highest award that has ever been given in Wales....

Jul
18
2011

Do not ignore third party harassment
#Employment

In Sheffield City Council v Norouzi, the EAT has held that the employer was liable under the Race Relations Act 1976 (RRA) for harassment carried out by a third party to one of their employees....

Jul
18
2011

Legal representation at disciplinary hearings
#Employment

The Supreme Court has held that it was not a breach of Article 6 of the European Convention on Human Rights (ECHR), to refuse a teaching assistant`s request to be accompanied by a lawyer at a disciplinary hearing....

Jul
18
2011

Teachers` strike: quick guide for employers and teachers
#Employment

Amongst all the talk about cuts in the public sector, it is easy to lose sight of the fact that independent schools are caught up in the teachers` dispute over pensions. There are about 20,000 members of the ATL union in the private sector. Even some teachers at Eton, David Cameron`s old school, and whose pension may also be affected by the Government`s proposals, may take part in the strike....

Jul
18
2011

Discussing sexual orientation
#Employment

It is not discrimination to simply discuss the fact of someone`s sexual orientation, when this has already been made public....

Jul
18
2011

9/11 and 7/7 conspiracy theories are not a philosophical belief
#Employment

An employee has failed to convince a Tribunal that his belief that the US and UK Governments were behind the terrorist attacks of 9/11 and 7/7 amount to a "philosophical belief", worthy of protection under discrimination law - Farrell v South Yorkshire Policy Authority (2011). This case follows other recent high-profile cases involving beliefs about climate change and fox hunting....

Jul
18
2011

Dismissal for refusing a pay cut
#Employment

In Garside and Laycock Ltd v Booth (2011) the company needed to cut the salaries of its workforce in order to avoid redundancies. Mr Booth refused to accept the variation to his contract and was ultimately dismissed for that refusal. He brought a claim for unfair dismissal....

Jul
18
2011

Requirement to clean communal fridge: Indirect religious discrimination?
#Employment

In Chatwal v Wandsworth Borough Council (2011), the EAT considered whether the requirement for staff to clean a communal fridge as a condition of its use amounted to indirect religious discrimination....

Jul
18
2011

Long term sick leave & the expiry of untaken holiday
#Employment

The Advocate General (AG) has handed down an Opinion stating that holiday entitlement for workers on long-term sick leave, may expire 18 months after the end of the holiday year....

Jul
18
2011

Acas Code of Practice on Disciplinary and Grievance procedures review
#Employment

It has been over two years since the Acas Code of Practice on Discipline and Grievance ("the Code") replaced the statutory dispute resolution procedures. Acas decided it was therefore time to conduct a review into the Code`s use and impact by interviewing employers, employees and their representatives. Their findings have been published in a research paper....

Jul
18
2011

Online Retirement Age Survey. The results are out...
#Employment

Thank you to everyone who participated in the survey - the results have been extremely interesting and have helped gauge the general level of understanding of the issues associated with the abolition of the default retirement age, how employers intend to deal with retirement in the future and what help / guidance employers need....

Jun
23
2011

Tube worker at centre of strike row was unfairly dismissed
#Employment

Further to our Employmentbuddy blog, the Tribunal`s judgment on the case of sacked tube driver, Mr Arwyn Thomas has now been released....

Jun
21
2011

£50,000 to a couple who were not gay
#Employment

There has been a case reported in the press today about two hotel workers repeatedly called gay by their boss - even though they weren`t -being awarded more than £50,000 between them, a proportion of which was for injury to feelings as a result of the discrimination that they suffered....

Jun
21
2011

Agency Workers Regulations Audit
#Employment

Does your business supply or use agency workers? If so, you will be affected by the Agency Workers Regulations. These Regulations give agency workers rights that they have never had before and businesses who are not up to speed could face Tribunal claims and awards of compensation being made against them....

Jun
21
2011

School`s cornrows ban is indirect racial discrimination
#Employment

The decision by Harrow based, St Gregory`s Catholic Science College to ban an 11 year old from school on his first day for having his hair in cornrows (tight braids close to the scalp), has been branded " unjustified, indirect racial discrimination" by the High Court....

Jun
17
2011

TUPE transfer of insolvent company: liability payable by transferee
#Employment

In Pressure Coolers v Molloy the EAT held that held that under TUPE Regulations it is the transferee, not the Secretary of State, who is liable to pay an employee`s claims following his unfair dismissal by the transferee after a TUPE transfer....

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