Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
21 March 2012
Tribunal decision - wearing a remembrance poppy is not a “philosophical belief”
After a string of philosophical belief cases finding in favour of employees, including one which held that a belief in climate change was capable of being a philosophical belief, a recent decision has indicated the limits beyond which employment tribunals are not prepared to go in assigning protection under the Equality Act 2010.
21 March 2012
Requirement for “recent paid work” - when unjustified recruitment criteria are considered discriminatory
The Northern Ireland case of Crilly v Ballymagroarty Hazelbank Community Partnership vividly demonstrates to employers the danger of setting overly stringent recruitment criteria that could indirectly discriminate against groups based upon a protected characteristic.
21 March 2012
Managing the impact of the challenges posed by social networking in the workplace
Recent research from the Institute for Employment Studies has highlighted the difficulties some employers experience when setting standards of behaviour for the increasing use of social networking tools (including Smart phones, internet, tweeting and blogging) in the workplace. This research prompted the Advisory, Conciliation and Arbitration Service (Acas) to produce practical guidelines for employers on how to respond to these challenges.
21 March 2012
How employers can reduce damages awarded by offering suitable alternative employment
The Employment Appeal Tribunal (EAT) in Debique v Ministry of Defence has held that where a Claimant successfully shows discrimination or unfair dismissal, they will however not receive an award for loss of earnings should they not have accepted a reasonable offer of re-engagement. Ms Debique was in the British Army and encountered various childcare difficulties in her posting. She resigned and claimed discrimination and constructive dismissal.
15 March 2012
Employment Law Reform: Is the Government changing its tune on the Red Tape debate?
At long last the Government seems to have recognised the folly of continuing to major on the approach that it is “red tape” which is preventing employers from deciding to take on more employees. The problem with this approach is that the more the Government repeat this mantra, the more employers will come to believe it, and will start to question whether they are indeed at heightened risk if they do decide to expand their workforce. It becomes a self-fulfilling prophecy.