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Discriminatory dismissal of nursery assistant on grounds of religion
In Mbuyi v Newpark Childcare (Shepherds Bush) Ltd the Watford Employment Tribunal held that a Christian nursery assistant who was dismissed for expressing her belief that homosexuality is a sin was discrimination on grounds of religion.
TUPE and Sub-Contracts
The EAT confirmed last week in Jinks v London Borough of Havering UKEAT/0157/14/MC that TUPE can apply to a transferor and a sub-contractor, protecting the employment of employees under a sub-contract if there is a service provision change.
Unfair dismissal for driving while using a mobile phone
Recently employment tribunals have been asked to consider the fairness of dismissals relating to driving whilst using a hand-held phone.
Prohibition of Exclusivity Clauses in Zero Hour Contracts
Employers should review their current zero-hours contracts in light of recent changes. In March 2015, the Coalition Government published its response to the consultation on the exclusivity ban in zero-hour contracts. Section 153 Small Business, Enterprise and Employment Act 2015 inserts s.27A and s.27B into the Employment Rights Act 1996, which came into force on
ECJ Clarification on ‘establishment’ for the purpose of collective redundancy consultation
The European Court of Justice (ECJ) held that ‘establishment’ refers to an individual workplace, as opposed to an aggregated total of workplaces.   This will be both a welcome clarification and relief for larger employers. Their obligations under the Collective Redundancies Directive 98/59 and s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA)
Employment Law Changes in April 2015
There are a number of key changes that come into force on 5 April 2015 that employers need to be ready for. Our blog post summarises these changes.
Diet controlled Type 2 Diabetes is not a Disability
Diet controlled Type 2 diabetes does not amount to a disability under the Equality Act 2010 (EqA 2010) according to a recent finding by the Employment Appeals Tribunal (EAT) in Metroline Travel Ltd v Stoute.
Bonus linked to sickness record amounts to disability discrimination
The Employment Appeals Tribunal (EAT) has recently considered whether the non-payment of a bonus due to the employees sickness absence amounted to disability discrimination in the case of Land Registry v Houghton.
No smoke without fire – Can a smoking policy cover e-cigarettes?
According to reports there are now over two million people in the UK who use e cigarettes. So should employers expressly include the use of e-cigarettes, or “vaping”, in their no smoking policies?
Collective redundancy – what is an “establishment’?
The Advocate General of the European Court of Justice (ECJ) has now issued his opinion on the meaning of “establishment” for the purpose of determining when collective redundancy applies in the linked cases of Usdaw & Wilson v Woolworths and others, Lyttle v Bluebird and Cañas v Nexea. For previous blog entries in relation to
Holiday Pay Update – Backdating claims will be capped at two years
We reported that Unite had confirmed that it would not be appealing the Employment Appeal Tribunal judgement in Bear Scotland Ltd v Fulton and Others (see here). The government has added further clarity to the situation by introducing the Deduction from Wages (Limitation) Regulations 2014, which came into force on 8 January 2015. The new
Age Discrimination – Changes to terms and conditions justified
The Employment Appeal Tribunal (EAT) has held in Braithwaite and ors v HCL Insurance BPO Services Ltd and another case, that an employer’s decision to impose new terms and conditions was not unjustified indirect age discrimination. The claimants transferred to HIBS Ltd under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). As a