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Preventing a Muslim employee from leaving a site he was guarding to attend Friday prayers has been found to be a proportionate means of achieving a legitimate aim, explains Bob Fahy ‘In Cherfi v G4S Security Service Ltd, the EAT did not seem to hold the tribunal to a particularly rigorous standard when it came …
Continue reading "Religious Discrimination: Weighing workers’ rights against operational needs"
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Russell Brimelow, Gemma Chubb and Rachel Rooksby give their tips on how to manage a cross-border workforce successfully ‘If an employer managing a multinational workforce remembers one thing, it should be that Europe’s myriad of employment laws is like its flags – different from country to country.’ Inevitably, the international labour market has changed significantly …
Continue reading "International Labour Law: Acting global, thinking local"
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In the light of two recent rulings, Rachel Dineley looks at how compensation is calculated in discrimination cases ‘The tribunal’s error in Wardle v Credit Agricole Corporate and Investment Bank [2011] had been in assuming that it must award damages until the point when it could be sure that the claimant would find an equivalent …
Continue reading "Discrimination Awards: Who pays, how much and for how long?"
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Employers need to be cautious when discussing ex-employees, even outside formal references, warns Naomi Greenwood ‘The facts in McKie v Swindon College [2011] were not covered by any existing authority and the judge therefore needed to consider whether the legal principles contained in the line of authorities could be extended to a different factual situation …
Continue reading "Negligent Misstatement: Careless talk costs trials"
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The EAT has ruled that by not selecting an employee who was on maternity leave for redundancy, an employer disadvantaged her colleague instead, reports Gemma Rusling ‘If a woman who is pregnant or on maternity leave has been treated disproportionately more favourably than is reasonably necessary to compensate her for the disadvantages that arise from …
Continue reading "Sex Discrimination: Special treatment was too special"
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Catherine Drinnan describes why it is important to consider pension issues on the transfer of an undertaking ‘Although occupational pension schemes may generally be outside the scope of TUPE, all pension rights of the transferring employees should still be subject to full diligence procedures.’ A recent case has highlighted that transferees in a business sale …
Continue reading "TUPE: The pensions predicament"
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Catherine Wilson examines the proposals in the Modern Workplaces consultation on shared parental leave and extending the right to request to work flexibly ‘The key proposal in Modern Workplaces is the extension of the right to request flexible working to all employees. This would be linked to the replacement of the current statutory process for …
Continue reading "Flexible Working: Bringing up baby"
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Amy Bird assesses the government’s attempts to use its Modern Workplaces consultation to resolve holiday and sickness conundrums created by European case law ‘Although the government’s proposals may solve the technical legal problems posed by Pereda and Stringer, if implemented they would cause some practical headaches for employers, as well as leaving some other common …
Continue reading "Working Time Regulations: A break from uncertainty?"
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Employers who lose a discrimination or equality of terms claim could be required to conduct a pay audit under new proposals, explains Anne Sammon ‘The new legislation would require tribunals to order an employer to conduct a pay audit where a claimant succeeds in claims relating to pay discrimination or equality of terms. The employer …
Continue reading "Equal Pay: Tribunals could compel audits"
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Will Winch studies the effect and extent of the UK’s new anti-corruption legislation ‘Corporate hospitality could be used as a cover for bribery. Therefore the prosecutor will no doubt examine the context of the hospitality or gift, as well as its value, when assessing whether something constitutes a bribe.’ On 1 July 2011 the Bribery …
Continue reading "Bribery Act 2010: A nightmare, or just a bad dream?"
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