Enhanced Shared Parental Pay Lower than Enhanced Maternity Pay Not Discriminatory

Precedential Decision by Judiciary or Regulatory Agency

On May 24, 2019, the UK Court of Appeal held that it is not discriminatory for enhanced shared parental leave pay to be paid at a lower rate than enhanced maternity leave pay. In two separate appeals, which were heard together, the Court of Appeal found that such arrangements are not unlawful. The claims failed due to (i) statutory bars in the Equality Act 2010, which prevent a man claiming sex discrimination where he is not afforded the same special treatment given to women in connection with pregnancy or childbirth, and (ii) because the correct comparator was a female colleague on shared parental leave, as opposed to a colleague on maternity leave.

Improperly Proselytizing at Work Is a Fair Reason for Dismissal

Precedential Decision by Judiciary or Regulatory Agency

On May 15, 2019, the UK Court of Appeal held that the dismissal of a nurse for improperly proselytizing at work was fair. The nurse had repeatedly entered into religious discussions with patients and did not desist even when given a direct instruction to do so. The Court of Appeal also held that the nurse’s right to manifest her religion under the European Convention of Human Rights (ECHR) had not been breached because, although some forms of proselytization are protected by the ECHR, ‘improper’ proselytization is not protected. ‘Improper’ proselytization is not clearly described or defined, but most likely means circumstances where there is an element of pressure involved or where employees have been specifically instructed not to proselytize.

Regular Voluntary Overtime Should be Included in Holiday Pay

Precedential Decision by Judiciary or Regulatory Agency

On June 10, 2019, the UK Court of Appeal held that regular voluntary overtime must be included in any holiday pay calculation under the Working Time Directive (2003/88/EC) (WTD). While this decision expressly upholds the UK Employment Appeal Tribunal’s ruling, it will be for the Employment Tribunal to determine, on a case by case basis, whether a particular pattern of voluntary overtime is sufficiently regular and settled such that the voluntary overtime pay should be used to calculate the WTD holiday pay.

Claim Against UK Employer by French Employee Cannot Be Brought in Great Britain

Precedential Decision by Judiciary or Regulatory Agency

On November 30, 2018, the Employment Appeal Tribunal (EAT) held that an individual living and working in another EU member state, in principle, could be sued in Great Britain. However, on the facts of this case, the claimant was unable to do so. The claimant was a French-qualified lawyer living in Paris and working in the Paris office of a London-based law firm. She claimed that discrimination took place in France. The EAT therefore held that the claims could not be brought in Great Britain since “the connection with Britain was insufficient.”