Jurisdiction: UK
Employment Insight: Bystander actions – the next frontier for managing behaviour at work
If you’re an observer of current affairs, you’ll have noticed a new social phenomenon of commuters taking videos of racial abuse by fellow passengers. Initially, there was outrage at the footage – why was no-one around the victim doing anything? … Continue reading
London launch of Herbert Smith Freehills Asia-Pacific Employment Law Guide 2013
At the last of the global launches of our Asia-Pacific Employment Law Guide taking place in London on 11 June we will be discussing recent developments and trends in employment laws in the region.
Filed under Jurisdiction: Asia, Jurisdiction: UK
UK: disability discrimination claim struck out where no evidence that employer knew of disability
Employers should succeed in striking out a claim where, putting the claimant’s case at its best, there is still no evidence of an essential part of the claim. The claimant’s hope that “something may turn up” later in the claim … Continue reading
Filed under Discrimination and equal pay, Jurisdiction: UK
UK: post-employment victimisation is prohibited after all
The EAT has ruled that post-employment victimisation is unlawful, departing from its previous decision in Rowstock v Jessemy. (Onu v Akiwiwu) Such victimisation often consists of an employer giving an unfairly negative reference or refusing to give a reference (when … Continue reading
UK: employers may need to disown influential shareholders’ discriminatory remarks
Employers may need to distance themselves from discriminatory remarks made by shareholders who are closely connected to or wield influence over the management of the business. The ECJ has ruled that homophobic remarks about the recruitment of gay players, made … Continue reading
Filed under Discrimination and equal pay, Jurisdiction: UK
UK: ECJ ruling on definition of disability
The ECJ has confirmed that a person who can work to a limited extent or limited hours can still be “disabled”. Relying on the UN Convention on the Rights of Persons with Disabilities (to which the EU itself signed up … Continue reading
Filed under Discrimination and equal pay, Jurisdiction: UK
UK: care needed when using pre-existing employee body for collective redundancy consultation
Employers contemplating using an existing employee consultative body for collective redundancy consultation, rather than organising elections for ad hoc representatives, should carefully consider the body’s terms of reference to determine whether it is appropriate. The EAT has recently upheld an … Continue reading
Filed under Jurisdiction: UK, Redundancy
UK: no breach of TUPE information and consultation duties where a transfer does not go ahead
TUPE imposes an obligation on a transferor to inform and consult representatives for its own “affected” employees. Previous case law has established that transferor employees may be “affected” even if they do not transfer, for example if some of the … Continue reading
Filed under Jurisdiction: UK, TUPE
UK: employee working outside EU could not claim UK statutory holiday pay
The principle that UK laws which are derived from EU law must be construed as permitting claims in England, where English law is the proper law of the contract, only applies where the employee works in the EU. The claimant, … Continue reading
