Archives

Archives / 2016 / July
  • Hijab ban amounts to direct discrimination

    Tags: Race Discrimination, Employment Law, Employment Tribunal, Hijab

    Despite efforts to encourage diversity in the workplace, employers can still get caught out by the equality legislation. This has been demonstrated by the recent decision in Bougnaoui and another v Micropole SA where a ban on an employee wearing her Islamic headscarf (hijab) was deemed to be direct discrimination. 

    Ms Bougnaoui, a Muslim woman who worked for Micropole an operating company in France, was dismissed when she refused to comply with her employers request for the removal of her headscarf when in contact with customers. The request was made following a customer complaint. 

    The court in the first instance, and upon appeal, held that the employers practice was not discriminatory as it was a “genuine and determining occupation requirement”.  … more

  • Employment Tribunal judgments to be published online

    Tags: Employment Law, Employment Tribunal

    Last week, in and amongst the raft of Brexit and football news, some employers may have missed a potentially important piece of employment law news.  It has been announced that from autumn 2016, new Employment Tribunal judgments will be published online.  Whilst this news may have failed to grab headlines, here I take a look at what this means in reality.

    Anyone can access it

    If you’re an employer who has the misfortune of being taken to an Employment Tribunal, the judgment in your case will be placed online for all to see.   There will be a database which the public can access and search from the comfort of their own homes.  Currently, anyone wishing to browse judgments has to attend the tribunal offices in Bury St Edmunds.  It is not yet clear whether … more

  • #Brexit and immigration; will free movement of workers remain?

    Tags: Employment Law, Brexit and Immigration

    Last week we brought you our early predictions on what employment law changes #Brexit could bring with it.  If you missed our article, check it out here.

    With #Brexit still a huge topic of conversation amongst many, and news reports citing increased levels of racism against nationals from other EU counties who live and work in the UK, we take a look at what Brexit means for those exercising their right to free movement under EU legislation.  Don’t forget, this not only applies to nationals of others EU countries living in the UK but also UK nationals living elsewhere in the EU.

    Nothing has changed.  Yet.

    Our legal rights and obligations have not changed…yet.  Despite the outcome of the referendum, until the UK’s exit from the EU is negotiated ( … more

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  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

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