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ECJ rules on discrimination by association
The European Court of Justice has ruled in Coleman v Attridge Law that a woman with a disabled child is entitled to protection from discrimination at work on the grounds of her child’s disability.
Redundancy and suitable alternative employment
If a suitable alternative post is available and the employer does not offer it to an employee selected for redundancy, the redundancy dismissal may be unfair and the employee could be entitled to claim compensation.
Unreasonable delay in statutory dismissal procedures
The Court of Appeal has considered, for the first time, whether an unreasonable delay on the part of an employer in completing the statutory dismissal procedure makes the dismissal automatically unfair
Agency workers - menage a trois?
Whether or not a contract of employment can be implied between an agency worker and the end-user has been a hot topic in employment law in recent years.
£60,000 award for waitress sacked by text
A waitress who was sacked via a text message, after she claimed that the manager of the restaurant where she worked had sexually harassed her, has been awarded almost £60,000 in compensation.
Deliberate non payment of the minimum wage = criminal prosecution
The owners of a Sheffield butcher's shop have been ordered to pay more than £11,000 to two former employees because they failed to pay them the National Minimum Wage. This is the first criminal prosecution for deliberate non-payment of the NMW.
ECJ rules on discriminatory recruitment policy
The European Court of Justice has ruled on a number of issues that arose in the Belgian courts in the context of proceedings between a body for the promotion of equal treatment and an employer who reportedly stated in public that he would not recruit persons of Moroccan origin.
Gay Church Worker awarded £37,000 compensation
A recent case has illustrated once again that employers who fail to take appropriate action to prevent homophobic treatment of a gay employee can find themselves liable for substantial compensation payments.
The new Equality Bill
The Government has published a White Paper entitled ‘Framework for a Fairer Future – The Equality Bill’. The Bill was expected to be introduced in this autumn Parliamentary session but we have learned that it will not be considered before the Spring.
Race discrimination and victimisation - the burden of proof
The Court of Appeal has confirmed in Oyarce v Cheshire County Council that the burden of proof in victimisation claims made under Section 2 of the Race Relations Act 1976 remains with the employee
Pension contributions during maternity leave - clarification needed
There should be no difference between the contractual non-cash benefits allowed to women who are on ordinary or additional maternity leave.
Advocate General supports default retirement age - if justified
Heyday wants the UK legislation amended to give workers over 65 the same protection from discrimination as younger workers. In order to settle the issue, the matter was referred to the European Court of Justice.
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