The European Union’s top legal adviser says employers can have a ban on wearing religious symbols and clothing in the workplace as long as it applies to all faiths and views equally. Juliane Kokott, the European Court of Justice’s advocate general, said such a ban “may be justified if it enables the employer to pursue
A fingerprint expert who was sacked after making a mistake has won her unfair dismissal claim against the police. Fiona McBride was one of four specialists who said a fingerprint found at a crime scene was that of an investigating officer who had been told to stay away from the premises. This turned out to
A recent case before the Employment Tribunal highlights the potential risks of communicating with an employee on sick leave and how even well intentioned inquiries can backfire. The case involved a woman who was disabled and had frequently taken long spells off work because of health issues. In 2013, she suffered bouts of depression and
An employer did not breach an employee’s human rights when it checked his phone for emails and messages while investigating a claim of harassment. That was the decision of the Employment Appeal Tribunal (EAT) in the case of an NHS Trust and one of its managers. The issue arose after the manager formed a personal
A software company has been granted an interim injunction preventing a former employee from working for a larger rival. The company was a relatively small enterprise but had a market-leading service in its sector. It had employed a sales executive on an employment contract that included a restrictive covenant. This stated that if he resigned,
A racial discrimination claim has failed after the Court of Appeal ruled that the claimants involved could not be classed as employees. The case involved a group of people who provided services to the Courts and Tribunals Service (HMCTS) on a case-by-case basis. They also worked for other institutions. HMCTS was under no obligation to
Restrictive covenants are a useful way to protect your business from competition from employees who may leave to join a rival company. They work in various ways such as preventing an employee from competing with your business for a set period or within a set area, or by preventing them approaching your clients for a
Employers no longer have to make National Insurance contributions for apprentices under the age of 25. The change came into effect on 6 April and applies to both new and current apprenticeships. It will produce a saving of about £1,000 a year when employing an apprentice earning £16,000 a year. The government says it is
An accountancy firm has been granted a restraining order against a former employee who had persistently brought spurious legal claims that were bound to fail. The case involved a woman who worked for the firm for two years before resigning in 2006. She then brought five employment law claims, 10 money claims plus claims against
The Employment Appeal Tribunal (EAT) has held that a company’s childcare voucher scheme did not discriminate against a woman on maternity leave. The case involved a company that operated a scheme that enabled employees to forego part of their salary in exchange for childcare vouchers. Entry to the scheme was conditional on employees accepting that