UK/EU: ECJ ruling highlights the potential for discrimination claims if benefits based on salary are reduced to reflect temporarily reduced pay

In RE v Praxair MRC SAS the European Court of Justice has ruled that the calculation of compensation payments for dismissal and redeployment of an employee on a full-time contract, who was on part-time parental leave (as permitted under French law), must be carried out on the basis of the full-time salary.  Calculating these payments based on … Read more

UK: withdrawal of overseas assignment not unlawful disability discrimination

In Owen v AMEC Foster Wheeler Energy Ltd, the Court of Appeal has upheld the decision that an employee with multiple disabilities did not suffer direct disability discrimination when an offer of an overseas assignment was withdrawn, given that a medical assessment identified a high risk that he would require medical attention when overseas. The correct … Read more

UK: dismissal for improper proselytising not unfair

In Kuteh v Dartford and Gravesham NHS Trust the Court of Appeal has agreed that the human right to freedom of religion did not make it unfair for an employer to dismiss a nurse for improperly proselytising to patients and failing to follow a lawful management instruction to stop initiating conversations with patients about religion. … Read more

South Korea: Changes to workplace bullying and harassment legislation

The South Korean National Assembly recently passed legislation requiring employers to tackle workplace bullying and harassment. The amendments to the Labor Standards Act and the Industrial Accident Compensation Insurance Act dealing with Work Rules, penalties and handling bullying or harassment incidents will take effect on 29 May 2019. Read more

UK: tribunal ruling highlights risks associated with positive action

Employers may increasingly be considering positive action to improve their diversity or gender pay gap.  The caution needed when considering positive action is highlighted by a recent tribunal judgment, Furlong v Chief Constable of Cheshire Police, the first reported case on the relevant Equality Act provisions. The Equality Act allows an employer to prefer a … Read more