A B C D E F G H I J K L M N O P Q R S T U V W X Y

Achbita v G4S Secure Solutions NV [2017] Case C-157/15, CJEU

23 March 2017

A blanket ban on wearing an Islamic headscarf, which arises from an internal rule of a private undertaking prohibiting the visible wearing of any political, philosophical or religious sign in the workplace, does not constitute direct discrimination based on religion or belief, but might amount to indirect discrimination, subject to the defence of justification.

Gareddu v London Underground Limited [2016] UKEAT/0086/16/DM, EAT

23 March 2017

An employment tribunal was entitled to reject a claim of indirect discrimination on the grounds of religion or belief on the basis that the claimant’s asserted need to take five consecutive weeks’ leave in order to attend a number of religious festivals was not genuine.

Herry v Dudley Metropolitan Council [2016] UKEAT/0100/16/LA, EAT

2 March 2017

  1. Long-term stress on its own did not amount to a relevant disability under Equality Act 2010.

  2. In making a costs order, the tribunal is not required to take account of the paying party’s ability to pay. It has an open discretion whether to do so; but, if it is asked to take account of ability to pay and declines to do so, it should explain its reasons for so doing.

Bellman v Northampton Recruitment Limited [2016] EWHC 3104 (QB)

23 February 2017

In considering whether the conduct of an employee was within the course of the employment for the purposes of determining whether there was vicarious liability on the part of an employer for the conduct of an employee, a line could be drawn between an organised work party and a subsequent impromptu drinking session.

British Gas Trading Limited v Lock [2016] EWCA Civ 983, CA

24 November 2016

Employees who are paid contractual results-based commission must have lost commission taken into account in the calculation of their holiday pay. The Court of Appeal followed the earlier decisions of the Employment Appeal Tribunal (EAT) in holding that the Working Time Regulations 1998 (WTR 1998) can be interpreted in a way which is compatible with the Working Time Directive 2003.

Folkestone Nursing Home Limited v Patel [2016] UKEAT/0348/15/DM, EAT

17 November 2016

There was no requirement for an appeals procedure expressly to give the right to reinstate, in order a successful appeal against dismissal to have the effect that there was no longer a live dismissal so that the employment tribunal did not have jurisdiction to consider a complaint of unfair dismissal.

G4S Cash Solutions (UK) Limited v Powell [2016] UKEAT/0243/15/RN, EAT

10 November 2016

The duty to make reasonable adjustments under s.20 of the Equality Act 2010 did not entitle an employer to impose an adjustment on an employee without the employee’s consent, but could extend to protecting pay where an adjustment was made of moving the employee to a role with a lower rate of pay than the employee’s contractual rate of pay.