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InsightsPosts By 'Sarah Lee'

Employment

If an agency employer fails to find work for an employee, could this be considered a dismissal?

In most cases, it is clear when a dismissal has taken place, as employers tend to communicate this quite clearly to their employees. However, what about a situation where an agency employer fails to find further work for an employee? In that situation, could the employee treat themselves as dismissed and bring a claim for unfair dismissal? A recent Employment Appeal Tribunal (“EAT”) case explored these questions.

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Employment

Could you face a discrimination claim from a job applicant who applies solely to bring that claim?

Most employers are aware that they could face discrimination claims from their employees, but not all are aware that they could face claims from job applicants if the applicants consider the recruitment process discriminatory in some way. Even worse, what if a job applicant applies to your business with the sole intention of bringing a claim against you? Could you be liable in those circumstances? This article explores a recent claim where this issue was decided, and it gives you some top tips for avoiding such a claim.

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Employment

Is it religious discrimination to discipline an employee for promoting their religious beliefs to a colleague?

Under UK employment law and the European Convention on Human Rights, employees have the basic right to hold and manifest religious beliefs. However, this is not an absolute right, and there have been many highly publicized cases where employees have been disciplined or even dismissed for “imposing” their beliefs on others or for manifesting them in a way which contradicts their employers’ policies or practices or which infringes other human rights. For example, the case of a Christian registrar who was disciplined for refusing to conduct civil partnership ceremonies because they were against her religious beliefs. Employers, therefore, have the unenviable task of seeking to balance the different religious beliefs and human rights of their employees against the needs of running a business. A recent Employment Appeal Tribunal case has shed further light on this area.

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Employment

What are “normal day-to-day activities” when establishing if an employee is “disabled” under the Equality Act?

Whether an employee is “disabled” and therefore protected against disability discrimination by the Equality Act is not an easy or common sense question. It requires considering a number of elements within a “legal” definition, including whether the employee’s “impairment” has a substantial adverse effect on their ability to carry out “normal day-to-day activities”. But what are “normal day-to-day activities”?

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