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Posts Tagged: Employment

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

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

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

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...

Five Week Religious Festival Holiday Request Rejection = Held not Discriminatory.

Posted by on February 22nd 2017 in Employment

Five Week Religious Festival Holiday Request Rejection = Held not Discriminatory.

As an employer,  when faced with the task of approving or refusing leave for an employee to attend religious events or festivals,  it can often be difficult to establish what is, and what is not discriminatory.

The recent case of Gareddu v London Underground may carry some level of guidance for employers faced with such decisions.

Gareddu v London Underground

The claimant, G, a practicing Roman Catholic from Sardinia requested extended annual leave of 5 weeks each year in August to attend several consecutive religious festivals with his family in Sardinia.

G’s request for extended annual leave had been approved every year since...

Review of Fees in the Employment Tribunal

Posted by on February 6th 2017 in Blog Posts, Employment

Following the introduction of fees for Employment Tribunal claims, there has been a greater fall in the amount of claims being issued than was ever predicted. In an ongoing consultation, which will end on the 14th March 2017, the Ministry of Justice are proposing to raise the income threshold to £1250 per month, with anyone earning less being entitled to fee remission and potentially being exempt from fees. The proposal is to introduce types of proceedings which will be exempt from fees such as complaints relating to payment from an insolvent employer’s National Insurance Fund. A rise in the amount...

Employers to Prove Compliance with Employment Law

Posted by on January 13th 2017 in Blog Posts, Employment

Employers to Prove Compliance with Employment Law

New proposals made by The Law Society in their response to the Business, Energy and Industrial Strategy Committees’ enquiry into the future work and the rights of workers, call for responsibility to be shifted from employees having to argue for their employment rights onto employers to prove compliance with employment law.

The current framework places the onus on the worker to challenge employers, rather than the employer having to document that they are complying with legislation as a matter of course. 

The proposal sets out that for larger employers, this could be implemented in the same manner as workplace heath and...

Kitsons Praised in 2016's Legal 500 Directory

Posted by on October 5th 2016 in Blog Posts

Kitsons Praised in 2016's Legal 500 Directory

Leading Devon law firm Kitsons has been praised in the South West chapters of the latest  2016 editions of Legal 500 – the most prestigious guides to the UK legal profession.

Highlights include Kitsons’ Employment team achieving a ‘Tier 2’ status in the Legal 500, with the firm featuring prominently across Litigation, Corporate & Commercial, Licencing, Employment, Family and Probate.

A total of nine lawyers have been endorsed for their work across the practice.

James Cross, Managing Partner at Kitsons said: "We are always pleased to be recognised for the work that we do and the latest findings of...

Disability Discrimination - Update

Posted by on April 20th 2016 in Blog Posts, Employment

Disability Discrimination - Update

The topic of disability discrimination has once again found itself in the media following the recent reporting of a claim by former Newcastle United player Jonas Gutierrez.

The 32 year old has sued the club for approximately £2 million, on the basis that he had been subjected to detrimental treatment following his diagnosis with testicular cancer in October 2013.

Cancer is deemed to be a disability for the purposes of the Equality Act 2010 and the Act protects not only those who have a disability, but those who have had a disability in the past.

Gutierrez claimed that the club saw him...

Equal Pay Day 2015 - Where Are We Now?

Posted by on November 9th 2015 in Blog Posts, Employment

Equal Pay Day 2015 - Where Are We Now?

Monday 9 November 2015 marks this year’s “Equal Pay Day” – a day wholly designed to highlight the difference in pay between men and women across the country.

Falling in or around the start of November each year, statistics released in accordance with 2014’s Equal Pay Day stated that on average, women were being paid £2.53 per hour less than men, and that in general, the UK had fallen out of the top 20 countries in the world for gender equality.

The key question therefore arises - one year on (and now 45 years on from the introduction of the Equal Pay...

Apprenticeships - Getting the Law Right

Posted by on September 3rd 2015 in Blog Posts, Employment

Apprenticeships - Getting the Law Right

We are all aware of the advantages that Apprenticeships provide to both the company and the apprentice. Our organisation has first hand experience of the benefits of employing an apprentice and it has proven to be an incredibly beneficial experience for all.

The law around apprentices is relatively straight forward, but it is essential that the organisation gets it correct from the outset or you may fall foul of the legislation if things do not work out with the apprentice. It could mean they have enhanced rights upon termination, so making it far more difficult to terminate the arrangement. If an apprentice...

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