Employment Bulletin - February 2020

In this edition:

  • Tribunal holds that ethical veganism is protected as a philosophical belief under the Equality Act 2010.
  • Important Aspects of the New Parental Bereavement Leave Legislation to be Aware of.
  • Whistleblowing - Court of Appeal holds that an employer publically denying the truth of a protected disclosure.
  • EAT holds that for disability discrimination claims, the Claimant must show that their condition had a ‘long term effect’ at the time of the alleged acts of discrimination.
  • Court of Appeal holds that a one off act by an employer will not always qualify as a "provision, criterion or practice" under the Equality Act 2010.
  • Migration Advisory Committee publishes recommendations relating to sponsored workers.
Tribunal holds that ethical veganism is protected as a philosophical belief under the Equality Act 2010

Casamitjana v League Against Cruel Sports

Whilst it was previously ruled that vegetarianism was not a philosophical belief, the Employment Tribunal has ruled that ethical veganism (rather than dietary veganism) is entitled to protection under the Equality Act 2010.

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Important Aspects of the New Parental Bereavement Leave Legislation to be Aware of

In January 2020, the Government provided further detail on the new Parental Bereavement Leave (PBL) legislation that are set to come into force from the 6 April 2020. Ahead of its introduction, employers should be aware of their obligations and the legal rights afforded to grieving parents.

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Whistleblowing - Court of Appeal holds that an employer publically denying the truth of a protected disclosure, did not subject the employee to detriment

Jesudason v Alder Hey Children’s NHS Foundation Trust.

The Court of Appeal (‘COA’) considered the scope of the right to not be subjected to detriment by an employer on the grounds of making a protected disclosure and held that an employer’s public rebuttal of an employee’s allegation, did not lead to liability under whistleblowing law.

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EAT holds that for disability discrimination claims, the Claimant must show that their condition had a ‘long term effect’ at the time of the alleged acts of discrimination

Tesco Stores Limited v Tennant.

Schedule 6(1) of the Equality Act 2010 provides that a person is disabled if they (a) have a physical or mental impairment and (b) if the impairment has a substantial and long-term adverse effect on their ability to carry out day to day activities.

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Court of Appeal holds that a one off act by an employer will not always qualify as a "provision, criterion or practice" under the Equality Act 2010

Ishola v Transport for London

The Court of Appeal has provided guidance on what can amount to a  ‘provision , criterion or practice’ for reasonable adjustment claims, holding that one off acts by an employer will not always be enough to amount to liability.

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Migration Advisory Committee publishes recommendations relating to sponsored workers, providing further insight into the future of the UK’s immigration system

The Migration Advisory Committee (MAC) is an independent public body that advises the government on migration issues. On the 28 January 2020, they published a long awaited report on a points-based visa route and the use, and level, of salary thresholds for sponsored workers, in response to commissions from the Government.

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The law and practice referred to in this article has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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