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BA Employee Wins Religious Discrimination Case

Nadia Eweida, a staunch Christian who claimed she suffered religious discrimination whilst working for British Airways, has won a landmark legal battle at the European Court of Human Rights (ECHR). Miss Eweida was sent home from work for wearing a small silver cross around her neck in 2006, which was considered to be a breach … Read more

Racing Pundit John McCririck sues Channel 4 for age discrimination

Love him or loathe him, John McCririck has been an eccentric figure on our televisions for 30 years as a pundit for Channel 4 Racing. However, his long career with the broadcaster came to an end recently when IMG Sports Media took over the contract to produce Channel 4 Racing, and a number of the … Read more

Employment Law – what happened in 2012?

When everyone least expected it, 2012 became a dizzyingly busy year for employment legislation. There were periods over the last twelve months where at every turn there was a new government proposal, consultation process or amendment to employment legislation. The Department for Business, Innovation and Skills, headed up by Vince Cable, Liberal Democrat Business Secretary, … Read more

Volunteers have no legal right to challenge “employment” discrimination

In a recent decision the Supreme Court ruled that volunteers within organisations do not qualify for the protections afforded under the Equality Act, namely employment discrimination on the grounds of age, race or sex. This landmark case was X v Mid Sussex Citizens Bureau. The facts of the case are that Mrs X was a … Read more

Case Review: Dismissal after the Christmas Party – Fair or Unfair?

‘Tis the season of the works Christmas Party, but employers and employees should be wary of things getting out of hand, as such get-togethers, often fuelled by alcohol, can bring risks. Two recent cases highlight the dangers inherent in the classic Christmas party. In the case of Gimson v Display by Design, in December 2011, … Read more

Government response to “employee-owner” status contracts

The Government consultation on the possibility of employee-owner status was launched in October, and although only a few weeks were given for responses from businesses and employment/HR organisations, the results are now in. It appears from reading the consultation report itself that there seems to be little appetite for these contracts, but the Government seemed … Read more

Unfair Dismissal and the Human Rights Proportionality Test

In a recent test case the Court of Appeal was asked whether the European Convention of Human Rights’ proportionality test applied to cases of Unfair Dismissal (Turner v East Midlands Trains Limited). A female train conductor with 12 years’ service was accused of fraud, and her claim for unfair dismissal was rejected by an Employment … Read more

Case Review: Reasonable Restrictive Covenants

Restrictive covenants need to be “reasonable” in order for them to be enforceable. However, it is less well-known that this test for reasonableness must be assessed at the time of the contract, rather than the time that the employer is seeking to enforce them. A contract might have been signed and entered into years before … Read more

Case Review: Employee who was demoted following Facebook comments wins breach of contract case

Adrian Smith, employed by the Trafford Housing Trust and also a devout Christian, remarked on his Facebook page that gay marriage was “an equality too far”. His comments were considered to be misconduct and as a result Mr Smith was demoted with a 40% pay cut. However this week a High Court judgment found in … Read more

Right for all employees to request flexible working confirmed by BIS consultation

The government has confirmed its intention to move ahead with proposals first outlined in the Modern Workplace Consultation in 2011, with the right to request flexible working to be extended to all employees from 2014. It is anticipated there will be a responsibility for employers to deal with requests for flexible working in a reasonable … Read more