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ECJ rules employee dismissal for wearing headscarf not direct discrimination

Discrimination | HR Solutions

The European Court of Justice has ruled that an employee dismissed for wearing a headscarf did not suffer direct discrimination. The female Muslim employee had worked for G4S Secure Solutions. She continued to wear a headscarf despite a policy that staff should not wear any religious, political or philosophical symbols. Initially, an unwritten company rule,  that later became […]

Woman sacked for wearing headscarf

Discrimination | HR Solutions

A French design engineer who was sacked from her job for not removing her headscarf was a victim of discrimination, the European Court of Justice heard. After being sacked from her job, Asma Bougnaoui went to a labour tribunal, who dismissed her claim for discrimination based on her religious views and found that the dismissal was […]

Monitoring Private Emails at Work: What You Need to Know

Private Emails at Work | HR Solutions

The European Court has reaffirmed that employers can read private emails and chat messages sent by employees. The ruling has caused a media panic that employers can now ‘snoop’ on their employees, although this is far from the case. Furthermore, given previous UK Employment Tribunals, very little has actually changed. Regardless, with the case generating […]

Holiday pay should include commission

Holiday Pay

The Court of Appeal has confirmed its decision that holiday pay must include any results-based commission earned by an employee. The holiday pay ruling relates to the case of Lock v British Gas Trading Ltd, whilst earning a basic salary, also had considerable potential for earning commission on top. When the employee took holiday, he […]

Legal Update: Travel Time Now Counts as Working Time

Travel Time now counts as Working Time | HR Solutions

Travel time for employees without a fixed place of work now counts as working time following a ruling by the European Court of Justice (ECJ). The time that an employee spends travelling from their home to their place of work when they have no fixed place of employment now legally counts as working time. The […]

Staff Entitled to Holiday Commission

Holiday Pay

British sales staff can now expect to receive their commission whilst taking annual leave, thanks to a ruling from the Court of Justice of the European Union which will change employment law within the UK. Sales workers have previously only been allowed to receive their basic salary from their employers, even if their commission makes […]

Woolworths Collective Redundancy Outcomes

Recruitment| HR Solutions

The Government has been given leave to appeal against an Employment Appeal Tribunal ruling that has moved the goalposts for employers planning company-wide redundancies. The tribunal found in the Usdaw v Woolworths case that administrators Deloitte had not followed the correct consultation procedures when closing the UK’s 800-plus Woolworths stores in late 2008/early 2009. In […]

Commission Must Be Included in Holiday Pay

Holiday Pay Must Include Commission | HR Solutions

The Employment Appeal Tribunal (EAT) has confirmed that an employee’s average commission must be included in their holiday pay. The judgement, published Monday (22nd February), set out how the European Court of Justice (ECJ)’s ruling will apply in the UK. This is another step in the long-running case of Lock v British Gas, which was […]

Obesity Can Now Be Considered A Disability

Woman holding up he hand in front of blurred people

The European Court has ruled that obesity can be categorised as a disability should it impede on a person’s ability to participate in work on an equal basis to their colleagues. Following a landmark decision by the European Court (CJEU) that could affect employment rights across Europe, a person suffering from obesity may now be […]

Obesity Ruling Could Have Immediate Impact

Tribunal Fees

A European court case about a Danish childminder who claims he was dismissed due to his weight could have lasting implications on the way obesity is classified and treated in the workplace. The Advocate General of the European Court has indicated that obesity in its own right could be treated as a disability if it […]

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