The House of Commons Women and Equalities Committee has today published its report following its inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases. This follows its report on sexual harassment, to which the Government responded in December 2018 announcing consultation on its own proposals to regulate NDAs (see here); the latest report … Read more
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
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with multiple disabilities did not suffer direct disability discrimination when an offer of an overseas assignment was withdrawn, given that a medical assessment identified a high risk that he would require medical attention when overseas.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
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
Managers hearing internal appeals should be reminded of the importance of taking into account any new information or evidence that comes to light after an initial decision to dismiss but before the appeal hearing, particularly where that information relates to being disabled. This could mean adjourning to obtain medical evidence where appropriate. In Baldeh v … Read more
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
A reference to an adjustment for disabled employees in an employer’s own policy will be relevant in determining whether there is a duty to make that adjustment, notwithstanding that the policy may be expressed to be discretionary. In Linsley v Commissioners for HMRC, the EAT held that an adjustment that is recommended in the employer’s … Read more
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
