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

LATEST LEGAL UPDATES:

  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

Reviews and Ratings for solicitor Samira Cakali, Leeds