Employment Bulletin - February 2019

This month’s bulletin includes the following articles​:

• When was it deemed that the employer knew about the employee’s disability?
• Equal Pay Comparators: customer facing staff can be compared with distribution workers
• Employers should be keeping records of staff’s actual working time
• Supreme Court rules that disclosure of youth reprimands to an employer is incompatible with human rights legislation
• Employment Appeal Tribunal held dismissal of a teacher of an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend was not discriminatory on the grounds of religion and belief

When was it deemed that the employer knew about the employee’s disability?

The Employment Appeal Tribunal erred in concluding that an employer had no knowledge of an employee’s disability until November after receiving an Occupational Health Report, where the evidence showed that it ought to have reasonably known that she was disabled in July, when the employee met with the chief executive and told her she was suffering with Post Traumatic Stress Disorder.

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Customer facing workers v distribution workers – Equal Pay Comparators

The Equality Act 2010 implements the principle that men and women should receive equal pay for equal work. There are three categories of work being: “like work”, “work rated as equivalent” and “work of equal value”.

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Employers should be keeping records of staff’s actual working time

The Advocate General Pitruzzella in the Court of Justice for the European Union has suggested that in order to comply with the Working Time Directive, employers should have a system of recording time actually worked by staff.

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Supreme Court rules that disclosure of youth reprimands to an employer is incompatible with human rights legislation

The Supreme Court ruled that having to disclose youth reprimands to an employer was incompatible with human rights legislation, so a child issued with a youth caution should not have to disclose this when applying for a job.

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Employment Appeal Tribunal: teacher dismissed from ultra-orthodox Jewish nursery for living with her boyfriend is not religious discrimination

The Employment Appeal Tribunal has held that dismissal of a nursery teacher, Ms De Groen, who worked in an ultra-orthodox nursery because she lived with her boyfriend was not discriminatory on the grounds of religion or belief.

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