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  • Article

    Religious Discrimination – A Colleague’s Rather "Colourfully" Phrased Enquiry About The Status Of A Story On The Pope Didn’t Constitute Religions Harassment

    In Heafield v Times Newspaper Ltd [2012] UKEAT/1305/12/BA, Mr Heafield, a practising Roman Catholic, worked as a sub-contractor for the Times newspaper at the time when the Pope was visiting London in 2010.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Dismissal Following Employee’s "Little Sikh Club" Comment Was Not Victimisation

    There can often be a fine line between dismissing an employee for the inappropriate manner in which they have raised an allegation and dismissing an employee because of the allegation itself.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    European Commission Proposals On Quotas For Female Directors

    It has recently been announced that the European Commission has begun drafting a proposal that will force Europe's listed companies to reserve at least 40 per cent of their non-executive director board seats for women by 2020.
    European UnionEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    A Manager’s Suggestion That An Employee Was "Playing The Race Card" Was Direct Discrimination

    In Royal Bank of Scotland plc v Morris UKEAT/0436/10, a black employee complained about his manager, Mr Tigue’s conduct.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Comments Posted On An Employee’s Facebook "Wall" About His Views On Gay Marriage Did Not Constitute Misconduct

    In Smith v Trafford Housing Trust Mr Smith was employed by Trafford Housing Trust as a manager.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Disability Discrimination And Redundancies – Reasonable Adjustments To Selection Criteria

    In Lancaster v TBWA Manchester UKEAT/0460/10 the Claimant was at risk of redundancy and had a disability.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Elections For Employee Representatives In A Collective Redundancy Situation

    The EAT has given some useful guidance to employers undertaking collective redundancies, in the case of Phillips v Xtera Communications Ltd UKEAT/0244/10.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Employee Disciplined Twice For The Same Offence

    Christou and another v London Borough of Haringey was a case brought by social workers involved in the "Baby P" scandal at Haringey council.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Equal Pay Claims Can Be Brought In The Civil Courts

    The Supreme Court has held, in Birmingham City Council v Abdulla, that employees have up to six years in which they can bring equal pay claims in the High Court.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Equality Act 2010 Construed Purposively To Cover Post-Termination Victimisation

    It has long been the case that employees are protected against victimisation which occurs after the termination of employment.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Further Employment Law Reforms Gather Pace

    The Enterprise and Regulatory Reform Bill has been laid before Parliament.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Further Proposed Changes To Employment Law

    Business Secretary Vince Cable has unveiled a number of proposed changes to employment law, in an attempt to cut unemployment levels and boost the economy.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Law On Harassment Of Staff By Third Parties May Be Repealed

    The Government has begun a consultation in relation to a proposal to remove provisions in the Equality Act 2010.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Refusing Early Retirement Of Older Employees Can Be Justified On Grounds Of Cost

    The second case involves an allegation of indirect age discrimination. In HM Land Registry v Benson employees of the Land Registry applied for early retirement as part of a voluntary redundancy programme.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Selection Process For Suitable Alternative Roles Can Involve Subjective Criteria

    In the case of Samsung Electronics (UK) Ltd v Monte-D’Cruz [2012] UKEAT 0039/11, the EAT has confirmed that when an at risk employee is being considered for suitable alternative employment in a redundancy process, the employer has considerable flexibility when assessing the individual’s suitability for the role.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Tax Treatment Of Contractual PILONs

    Goldman v HMRC is a case concerning the tax treatment of a termination payment. Mr Goldman’s employment contract stated that if his employment was terminated (other than for performance or conduct) his employer must make a payment of 12 months’ salary in lieu of notice within 14 days of the termination date.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    "Throw-Away Comments" About Age Can Amount To Age Discrimination

    In general terms, in discrimination claims if an employee can show a ‘prima facie’ case of discrimination – in effect that something has occurred which looks like discrimination unless there is a proper explanation for it – the burden of proof shifts to the employer who then has to disprove that discrimination occurred.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    TUPE And Service Provision Change: No Transfer Where Activities Were Not Essentially The Same

    Welcome to HR Bytes for February 2012, another month when the Government's approach to employment law is creating plenty of news.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Unfair Dismissal - Reasonableness Test

    In the case of Nejjary v Aramark Ltd the Employment Appeal Tribunal considered what could be taken into account when determining whether a misconduct dismissal was fair.
    United KingdomEmployment and HR
    Kemp Little LLP
    Kemp Little LLP
  • Article

    Banking Standards Board Publish SMCR Good Practice Statement

    The introduction of the Senior Managers and Certification Regime ("SMCR") a year ago has seen an increased focus on accountability and standards of fitness and propriety.
    United KingdomFinance and Banking
    Kemp Little LLP
    Kemp Little LLP

Showing 21–40 of 232 results

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