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Guidance on Religion and Belief

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Acas has launched new  Guidance on Religion and Belief  to help prevent discrimination at work. As well as an explanation of the law, it contains practical guidance on a variety of issues including: • talking about religion at work...

Unfair Dismissal and Discrimination

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Can a dismissal for misconduct without prior warning be reasonable when multiple issues arise, none of which are, by themselves, gross misconduct? Yes, held the EAT in  Mbubaegbu v Homerton University Hospital . The Claimant was a consultant surgeon,...

Dress Codes

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The Government Equalities Offices has published new guidance on  Dress Codes and Sex Discrimination . It reminds employers that dress policies for men and women do not have to be identical, but standards imposed should be equivalent. It also warns that...

Establishing the correct employer

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In determining whether the party identified in a contract of employment is, in fact, the employer, can a tribunal take note of subsequent events? Yes, held the EAT in  Dynasystems for Trade and General Consulting Ltd and Others v Moseley . The...

Procedure: Interim Relief

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When considering the postponement of an interim relief hearing, can counsel's availability amount to "special circumstances"? Yes, held the EAT in  Lunn v Aston Derby . Interim relief is obscure. It's a special remedy that employment...

'No Oral Modification' clauses are valid and enforceable

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Are ‘No Oral Modification’ clauses valid and enforceable in the face of a subsequent oral agreement? Yes, held the Supreme Court in  Rock Advertising v MWB Business Exchange Centres . The Appellant entered into a licence agreement with the...

Discrimination Arising from Disablilty

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Can a dismissal amount to unfavourable treatment under section 15 of the  Equality Act 2010  if the employer did not know that the disability was connected to the misconduct? Yes, held the Court of Appeal in  City of York Council v Grosset . ...

Employment Status: Addison Lee Couriers

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Are Addison Lee couriers workers? Yes, held the EAT in  Addison Lee Ltd v Gascoigne . Addison Lee appealed on two grounds against the employment tribunal's determination that Mr Gascoigne, a cycle courier, was a worker within the meaning of...

Harassment related to religion

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Did a tribunal err in concluding that asking a Moroccan Muslim employee whether he "still supported Islamic State" did not amount to direct discrimination nor harassment related to race or religion? Not in this context, held the EAT in ...

Salaried Judges of the Employment Tribunal - New Competition Announced

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The Ministry of Justice has announced a new competition for salaried employment judges. The competition formally opens next month, on 19 June 2018. The Ministry of Justice is looking to appoint 54 employment judges across England & Wales, at a FTE...

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