Employment Law Newsletter - June 2016
This month’s newsletter includes the following:-
- Direct Discrimination: AG rules ban on Muslim headscarf allowed if legitimate neutrality policy
- Unfair dismissal: Reinstatement Order upheld by Supreme Court
- Unfair dismissal: Unspecified procedure cannot be procedurally unfair
- DBS: Disclosure of rape acquittal does not breach Human Rights
- Modern Slavery: Convictions and landmark High Court decision
- Mutual consent: Payments on early termination of contracts not taxable as income
- EU Referendum: Should employers get involved, and what are the implications for employment law?
- Report: UK urgently needs better whistleblower protection
- DPA: Leaving your job? Be careful what data you take with you!
- Collaboration against illegal online hate speech
EU Referendum: The votes are in, what now?
It’s been a whole full working day and a weekend since the UK (well, just over half of those who turned out to vote) decided we should leave the EU. Following on from our recent article we look at what’s happened so far and what should, or could, happen next.
At 6am on Friday 24th June, the results of the EU …
Direct Discrimination: AG rules ban on Muslim headscarf allowed if legitimate neutrality policy
In the case of Samira Achbita, Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions NV (C-157/15, lodged on 3 April 2015) the Hof van Cassatie (Belgian Supreme Court) requested a preliminary ruling from the Advocate General (Juliane Kokott). The question was …
Unfair Dismissal: Reinstatement Order upheld by Supreme Court
If an employee successfully claims unfair dismissal against their employer, they may request the tribunal orders reinstatement, or alternatively, re-engagement. The difference between the two is that reinstatement is putting the employee back into their old job, and treating them as if the dismissal never occurred. However, re- …
Unfair dismissal: Unspecified procedure cannot be procedurally unfair
In Express Medicals Ltd v O‘Donnell  UKEAT 0263_15_0902 two friends had co-founded a company and after working together for many years had a major falling out over a website re-design. There were protracted negotiations about leaving the company, which were complicated by the fact that the Claimant …
DBS: Disclosure of rape acquittal does not breach Human Rights
In R (R) v Chief Constable of Greater Manchester Police  EWCA Civ 490 a teacher who sought an enhanced DBS disclosure when applying for jobs found that his acquittal for a charge against him of the rape of a 17 year old whilst he was working as a taxi driver was included in the results. The officer who included the information …
Modern Slavery: Convictions and landmark High Court decision
The purpose of the Modern Slavery Act 2015 is to seek to make supply chains free from slavery. A crown court in Cardiff has recently convicted four men of a variety of offences of modern slavery, kidnap and assault, with sentences ranging from 14 years to 2 and a half years.
Meanwhile, whilst criminal charges have not been …
Mutual consent: Payments on early termination of contracts not taxable as income
In Tottenham Hotspur Ltd v HMRC  UKFTT 0389 (TC), Tottenham Hotspur made payments to two of its professional football players (Peter Crouch and Wilson Palacios), who were engaged on fixed term contracts, on early termination of those contracts. HMRC argued that the payments were income payments …
New EU regulation regarding data protection
A new EU regulation regarding data protection came into force on 24 May 2016 and, following a two year transition period, it will apply to all member states from 25 May 2018. This is known as the General Data Protection Regulation (“GDPR”). It replaces the existing EU Directive 95/46/EC. As this is a “regulation” and not …
EU Referendum: Should employers get involved, and what are the implications for employment law?
BMW, Unilever, Wetherspoons, Airbus, Siemens and Clifford Chance to name but a few… Prior to the referendum, employers were giving their employees a taste of their feelings on how they thought people should vote. The latest was the Chairman of JCB who sent a letter to his 6,500 employees …
Report: UK urgently needs better whistleblower protection
A new report called “Protecting Whistleblowers In The UK: A New Blueprint” has recently been published by international NGO Blueprint for Free Speech and the Thomson Reuters Foundation. Blueprint is an internationally focused not-for-profit organisation concentrating on research into ‘freedoms’ law, and the Thomson …
DPA: Leaving your job? Be careful what data you take with you!
A common area of dispute is when employees leave their job and want to take client or customer data with them. Often covered by restrictive covenants in employment contracts, there is another issue at stake which is often not considered by employees who may be banking on taking helpful information with them to their new role: that …
Collaboration against illegal online hate speech
The European Commission and social media giants, Twitter, Microsoft, Facebook and YouTube have worked together to produce a Code of Conduct to deal with the posting by their users of unlawful “hate speech”. The definition of “hate speech” is that set out in EU Council Framework Decision 2008/913/JHA as “conduct …
Companies: Memorandum of Association and Articles of Association
SPEEDREAD: A quick guide to the purpose and effect of a private limited company’s Memorandum of Association and Articles of Association, and how the Companies Act 2006 affects those of companies registered prior to October 2009 and since.
The Companies Act 2006 (the “2006 Act”) defines a company’s …