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Achbita v G4S Secure Solutions: ECJ Rules that Banning Headscarves in the Workplace can be Legal

Posted by on April 4th 2017 in Blog Posts, Employment

Achbita v G4S Secure Solutions: ECJ Rules that Banning Headscarves in the Workplace can be Legal

According to the European Court of Justice (ECJ), employers can ban the wearing of any “political, philosophical or religious sign” including headscarves, without it being direct discrimination.

The ECJ has highlighted that so long as the ban is based on internal company policies outlining that all employees must dress neutrally, it will be acceptable for employers to ask that staff refrain from wearing clothing of a religious nature.  

Such ban must not however, be based on “subjective considerations” alone, for example, the wishes of a customer or supplier.

The ruling comes following a claim made by Samira Achbita - a receptionist who...

ACAS Early Conciliation and Limitation - How Is Early Conciliation Treated Before the Limitation Period Commences

Posted by on April 4th 2017 in Blog Posts, Employment

In order for a Claimant to “institute relevant proceedings” (i.e a claim to the employment tribunal), the prospective claimant must comply with the duty to commence Acas Early Conciliation. In such cases, the limitation date is extended to take into account the period of conciliation. The primary limitation time period in order to bring a claim in a tribunal is three months less one day from the date of dismissal.

Normally, the period is extended by the time between the day the prospective claimant contacts Acas, (or when their EC form is received by ACAS), and the day in which the...

When Does Notice of Termination Take Effect?

Posted by on April 4th 2017 in Blog Posts, Employment

This case concerned the timing of contractual notice. An employment contract may contain an express clause which stipulates when notice under a contract is deemed to have been served and specifying when such notice is deemed effective. The case in question was Newcastle upon Tyne NHS Foundation Trust v Haywood [2017].

In this case, the notification of notice being served was important as it will have effected the pension payments Ms Haywood received after having been made redundant. Ms Haywood was out of the country on holiday when the employer sent notice of termination for redundancy via post.  The letter was...

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