Employment & HR for Private Clients
In the case of Conisbee v Crossley Farms Ltd, the employment tribunal (‘ET’) held that you cannot discriminate against someone because they are vegetarian, as it is not a protected religion or belief.
- The Law
Section 4 of the Equality Act 2010 (‘EA’) prohibits discrimination on the ground of nine protected characteristics, including religion or belief. Section 10 defines religion as any religion or lack of religion and belief as any religious or philosophical belief and any lack of belief.
The Employment Appeal Tribunal (‘EAT’) upheld the decision of the employment tribunal (‘ET’) that a massage provided by a team leader did not amount to sexual harassment under the Equality Act.
- The Law
Section 26 of the Equality Act 2010 provides that sexual harassment can occur when A engages in unwanted conduct of a sexual nature, or related to their gender, which has the purpose or effect of either violating B’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
The Employment Appeal Tribunal (‘EAT’) has provided guidance on applying the exceptions to the confidentiality of pre termination negotiations and confirmed that they should be considered if the facts of the case suggest they apply.
Last month, the Employment Appeal Tribunal (‘EAT’) upheld the ruling that an out-of-hours GP providing medical services to the NHS through a limited company was a worker, not self-employed.
- Importance of identifying the correct employment status
Under UK employment law there are three main categories of employment, an employee, a worker and a self-employed person. Each category is entitled to different levels of employment rights.
Whistleblowing: Is reasonable belief that a protected disclosure is in the public interest sufficient?
In the recent case of Okwu v Rise Community Action, The Employment Appeal Tribunal (‘EAT’) held that it is enough for an employee to hold a reasonable belief that a disclosure is in the public interest, even if it may not be, to be legally protected for whistleblowing.
- The law
Section 103 of the Employment Rights Act 1996 (ERA) provides that an employee will have been unfairly dismissed if the reason for the dismissal is that they made a protected disclosure, also known as whistleblowing.
With World Mental Health Day on 10 October 2019, national law firm Stone King is getting behind the campaign to promote mental wellbeing in the workplace, both as an employer and an employment law expert.
The 10th of October 2019 marked World Mental Health Day, which this year has a theme of wellbeing in the workplace. In light of the increasing awareness around this issue, employers should be aware of the importance of staff wellbeing and their legal obligations around this.
STPCD 2019 was published on 20 September.
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Stone King news for the Employment Sector
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