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House of Lords distinguishes between discrimination on the grounds of holding a belief and of taking actions manifesting that belief

Shepherd & Wedderburn LLP
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United Kingdom
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September 17 2009

The House of Lords, in an Irish case, has held that regulations prohibiting discrimination on the grounds of religious belief or political opinion do not protect an individual who is less favourably treated by being denied employment because of actions they have taken in support of that religious belief or political opinion (McConkey v The Simon Community

Compulsory retirement at 65 is lawful for the time being

Shepherd & Wedderburn LLP
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United Kingdom
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September 29 2009

The High Court has handed down its judgment in the long-running Heyday litigation, which challenged the legality of the minimum compulsory retirement age retirement age of 65, introduced by the Employment Equality (Age) Regulations 2006

Minimum wage and tips

Shepherd & Wedderburn LLP
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United Kingdom
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June 11 2009

The Government has announced that it will introduce legislation, to come into effect on 1 October 2009, to prevent tips being used to top up wages to meet the national minimum wage

Individual not a worker where contract permitted unlimited substitution

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

Substitution clauses in agreements with contractors have again been looked at by the EAT, this time in the case of Premier Groundworks v Josza

2009 Budget report

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

There is to be a one-off increase from £350 to £380 in the maximum week's pay that can be taken into account for the purposes of calculating statutory redundancy pay

Consultation on implementation of Agency Workers Directive

Shepherd & Wedderburn LLP
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European Union, United Kingdom
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May 15 2009

The Agency Workers Directive provides for equal treatment of agency workers after 12 weeks' employment

Consultation on amendments to the Pregnant Workers Directive

Shepherd & Wedderburn LLP
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European Union, United Kingdom
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May 15 2009

The Government is seeking views on the European Commission's proposal to amend the Pregnant Workers Directive

NHS Agenda for Change was not discriminatory

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

An employment tribunal has, at a pre-hearing review, rejected a challenge to the introduction into the NHS of the "Agenda for Change" (AfC) pay structure and, in particular, the three pay protection arrangements that the Trusts have put in place in order to provide a cushion for employees who would otherwise have suffered a pay reduction (Hartley and others v Northumbria NHS Foundation Trust and others

Employment terminated on the date that pay was stopped

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

The Court of Appeal has held that stopping an employee's pay while he was suspended on full pay demonstrated a clear intention to terminate his employment

Consultation on multiple discrimination

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

The Government is yet to decide on whether to make specific provision in the Equality Bill for multiple discrimination claims resulting from a combination of protected characteristics, for example a claim by a black woman who has suffered a detriment not encountered by a black man or a white woman