Good afternoon, on a sunny Friday we thought it fitting that this weeks’ case concerns an employee posting drunk comments on Facebook when they were on standby to work. Maybe it’s best not to sneak off early to the beer garden. The question this week is: Is it fair dismiss to an employee for a […]
The European Union has been a contentious issue in the UK from practically the day we joined. However with David Cameron promising a referendum there is a real possibility that the UK might leave the E.U in the near future.. Here are some of the impacts an European separation might have on employment law. […]
In case you missed our October newsletter ( http://dmtrk.com/t/2DH3-852G-KJ9GP-31NQF-0/c.aspx ), the European court has ruled that obesity could be classified as a disability. It is estimated that 25% of the UK population is obese and like any form of discrimination the ruling does not exclusively apply to current employees but also potential employees involved in […]
With not long to go until the General Election we thought it would be appropriate to cover a case that concerns political beliefs in the work place. However, we must warn you that this week’s case is a real can of worms containing several questions: – Are political beliefs protected characteristics? – Can […]
At PJH Law we usually only practice employment law, however, it seems yesterday we temporarily branched out into the most common kind of law, sod’s law. Just six hours after publishing our monthly newsletter about topical employment law and HR issues, Zayn Malik, a member of one of the world’s most hyper exposed celebrity products, […]
It’s all very well amending, reviewing, replacing (etc etc) the law on harassment (Equality Act and third party harassment provisions) to deal with this in the workplace but if discriminatory taunts/jibes, jests are run of the mill outside of the workplace, particularly in places where our children may be, then can we ever expect to […]
In Ezsias v Glamorgan NHS Trust the EAT grapples with the issue of whether a relationship breakdown involving a senior Consultant should be dealt with by way of the disciplinary procedure. Given that the disciplinary procedure is to deal with behaviour and conduct over which an individual has control, the question posed is almost philosophical. […]
The Tribunal, in the case of Mr Daniels v BT, found that he had been unfairly dismissed for gross misconduct because BT did not act on the doctor’s recommendation and seek occupational health advice (Mr Daniels having a history of mental illness). The EAT have dismissed the appeal and found that this was a matter […]
Chatwal v Wandsworth Council is a classic example of a neutral work requirement – the requirement that each team member has to take turns in cleaning the staff kitchen and fridge – that could indirectly discriminate against someone on grounds of religion. In this case Mr Chatwal’s particular form of sikhism forbade touching meat – […]
Employment Tribunal Claims soared by 56% in 2009/10 over 2008/9 figures according to statistics from the Tribunal Service. Actions brought by multiple claimants saw the biggest rise at 90% which had the largest impact on the total claims in the system. These are typically the sort of claims brought by unions such as multiple equal […]
The third reading of the Equality Bill took place in the House of Lords yesterday. The Bill has now been passed and returned to the Commons with amendments. The Government are hoping for Royal Assent before the General Election. Of particular note is the debate as to what could potentially amount to a philosophical belief in […]
It has been reported that Melinda Bodnar, a teacher at a private nursery school, is suing her former employers for sacking her by email in March this year. Ms Bodnar had been diagnosed with cancer in November 2008 and at the time of being dismissed she had spent seven months receiving chemotherapy. The school claim that […]
The form of discrimination based on religion or philosophical belief is relatively new. We have all been trying to get to grips with what a philosophical belief may be. For example, in the last census, enough people put down Jedi Knight as their religion that it actually counted as one for the census. You may […]
Is there any truth in the saying that first impressions count? Emma BedfordPatel from recruitment agency Tate believes there is and offers advice in this aticle to prospective job applicants on how they can smarten up to maximise their chances of securing a job. However, from the employers view, whilst refusing someone a job on the […]
