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  • 23 December 2019
  • Employment

‘Gender critical’ view was not a philosophical belief

In Forstater v CGD Europe & Others, the Claimant’s consultancy contract was terminated after she made comments expressing her views that there are only two sexes and that it is impossible to change sex.The Claimant claimed that this termination was discriminatory on the grounds of ‘philosophical belief’ or lack thereof.
art
  • 19 December 2019
  • Employment

Breaking News – Standard Contractual Clauses and Privacy Shield – latest developments with Facebook case

Advocate General, Henrik Saugmandsgaard Øe of the Court of Justice of the European Union (CJEU) has just handed down his opinion in response to a referral by the High Court of Ireland for preliminary rulings of law. The High Court case in question related to complaints made by Max Schrems against Facebook Ireland and Facebook Inc concerning the transfer of Mr Schrems' personal data to the United States (U.S).
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  • 19 December 2019
  • Employment

“Nuisance” nurse wins whistleblowing claim

In Smith v Mid Essex Hospital Services NHS Trust, a nurse won his claim for unfair dismissal, with the Employment Tribunal finding he had been dismissed for making protected disclosures.

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  • 13 December 2019
  • Employment

Blanket ban on facial hair deemed discriminatory

In Sethi v Elements Personnel Services, a Sikh man won his claim for religious discrimination against a recruitment agency who denied him work on account of his facial hair.

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  • 13 December 2019
  • Employment

Employment Status: Courier’s ability to ‘release’ job was not an automatic right to substitute

In Stuart Delivery Ltd v Augustine 2019, the EAT upheld the employment tribunal’s findings that a delivery courier was a ‘worker’ under S.230(3)(b) of the Employment Rights Act 1996.
art
  • 05 December 2019
  • Employment

Political beliefs in the workplace and what employment law has to say about it…

We are fast approaching one of the most extraordinary and unprecedented general elections in the history of the UK. Extraordinary in the sense that a December election has not been held since 1923 and unprecedented in the sense that the election is overtly linked to an intricate experience which the UK has never encountered before: leaving the EU. There are divisions in opinion amongst family members, friendship groups and even work colleagues. As election day approaches and tensions build, the latter may start to cause concern for employers.
art
  • 29 November 2019
  • Employment

IR35 changes: HMRC ups its game

As businesses continue to prepare for the impact of the April 2020 changes to IR35 and the private sector, it is important to be aware that this week the government has launched an update to its online check employment status for tax (CEST) tool.
art
  • 28 November 2019
  • Employment

Employment Tribunal decides that TUPE applies to ‘workers’ not just employees

Under TUPE, individuals who are ‘employed’ by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer (whose contracts would otherwise be terminated by the transfer) will transfer to the transferee.

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  • 28 November 2019
  • Employment

Landmark Supreme Court judgment extending whistleblowing protection

The Supreme Court, in Jhuti v Royal Mail, has reversed the Court of Appeal’s decision and held that an employee was unfairly dismissed for making a protected disclosure despite the fact that the decision-maker was unaware of the disclosure.

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