Case Digests

 

Recent Cases

Successful challenge to prohibition notice on basis of subsequent evidence

In assessing whether to uphold a prohibition notice, a tribunal had properly taken account of information which was not available at the time at the notice was served.
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HM Inspector of Health and Safety v Chevron North Sea Ltd
 

Headscarf ban at work was not direct discrimination

An employer’s ban on staff wearing religious, political or philosophical symbols while on duty (in this instance an Islamic headscarf) was not direct discrimination. And even if it was, it could be justified as a ‘genuine and determining occupational requirement’, according to a preliminary opinion from the European Court of Justice.
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Achbita v G4S Secure Solutions NV
 

Expectation/assumption that employee would work late was a PCP

An expectation or assumption that a disabled employee would work late amounted to a provision, criterion or practice (PCP) which triggered the duty to make reasonable adjustments. 
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Carreras v United First Partners Research
 

Proper and efficient use of money in public sector – philosophical belief?

Can it really be true that such a notion can be a protected philosophical belief? Well, it might be.
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Harron v Chief Constable of Dorset Police
 

Illegal working and dismissal

An employer’s reasonable and genuine belief (albeit mistaken) that an employee was no longer allowed to work in the UK was sufficient to justify his dismissal.
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Nayak v Royal Mail
 

Voluntary overtime formed part of ‘normal pay’ for holiday pay purposes

A tribunal has held that in calculating the amount of holiday pay that an employer pays to its workers, it has to include payments for voluntary overtime, voluntary standby and voluntary call out payments, providing that work has been undertaken with sufficient regularity to have become part of the worker’s normal pay.
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White v Dudley Metropolitan Borough Council
 
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