Book now for the latest Employment Law update seminars
Davies and Partners’ specialist employment law team are inviting employers to join them at one of two venues – Bristol office or Gloucester Rugby Club – for a seminar to help tackle some of the latest, tricky employment issues. Seminars are free for delegates but numbers will be limited. RSVP by Friday 1 December to […]
Book now for the latest Employment Law Update Seminars
Davies and Partners’ specialist employment law team are inviting Employers to join them at one of two venues – Bristol or Gloucester – for a seminar to help tackle some of the latest, thorny employment issues
Equal Pay – ASDA Stores Ltd v Brierley and Others
This claim was brought by store-based employees who say that they are paid less than employees based in ASDA distribution centres. Store-based employees are predominantly female while distribution centre employees are predominantly male. The employees have won the first round in that the Supreme Court has now decided that they are engaged on the same or […]
Sleep In Shifts and Pay
In Royal Mencap Society v Tomlinson-Blake, the Supreme Court has held that workers on sleep-in shifts were only entitled to the national minimum wage in respect of hours in which they were required to be awake for the purposes of working, not for the whole shift. There has been uncertainty for some time about how employees should […]
Health and Safety Dismissals – Beware!
In Sinclair v Trackwork Ltd the EAT recently reviewed a case where an employee was dismissed due to “upset and friction” caused by the way in which he implemented a new safety procedure. The employee’s colleagues did not know that he had been tasked with implementing such a procedure and complained about his approach, resulting in him […]
Belief that your sex is what you are born with and cannot be changed is protected under the Equality Act
in the case of Forstater v CGD Europe, Maya Forstater worked for a research based organisation. She believes very strongly that a person’s sex is what they are born with and it cannot be changed (and was not slow in coming forward with that viewpoint). This created hostility externally but also internally within the organisation. As […]
Duty to prevent sexual harassment
If employers didn’t think that they already had enough obligations towards employees it looks like yet another one is coming down the road. The Government has announced its intention to introduce a duty to prevent sexual harassment and third party harassment and what’s more is intending to lengthen the time period which employees have to […]
Compensation in discrimination cases
In the case of Secretary of State for Justice v Plaistow the Employment Appeal Tribunal has demonstrated the potential financial downside to employers of getting it wrong. In this case the Claimant was a prison officer who suffered direct discrimination. He was subject to harassment relating to his sexual orientation or perceived sexual orientation. This included […]
Religious Discrimination and the European Court of Justice
Much has been made of the European Court of Justice case of IX v Wabe. This related to a German business which provided special needs care in a day centre setting. The employee concerned was Muslim and sometimes wore a headscarf to work. The employer had a rule prohibiting a visible sign of religious or […]
Covid related cases
More Covid related cases are going to the Employment Tribunals, although not reaching the Higher Courts as yet. As such the decisions don’t bind future Tribunals but may be seen as a useful guide. Here is a brief summary of some of those cases: In Prosser v Community Gateway Association the Claimant was pregnant and a zero […]
