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Results: 1-10 of 89

UK: Discrimination - burden of proof ruling highlights need for employers to present positive case
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 3 2017

In Efobi v Royal Mail the EAT has ruled that it is not incumbent on the claimant in a discrimination claim to prove a prima facie case: it is for the


UK: ECJ rules dress code requiring neutral appearance may be lawful
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • April 3 2017

The European Court of Justice has finally handed down its judgment in two cases involving employees dismissed for wearing an Islamic headscarf at


UK: Legislation - consultations on caste discrimination, electronic balloting and reforming the tribunal system
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 3 2017

On 28 March the Government Equality Office published its long-awaited consultation on caste discrimination, announced back in September 2016. The


UK: Disability-related discrimination - extra care needed when dismissing for misconduct
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 17 2017

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York


UK: New publications - marriage and civil partnership discrimination, religion in the workplace
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

The following new employment law-related resources have been published


UK: Discrimination - Supreme Court asked to consider ambit of associative discrimination
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 15 2016

The Northern Ireland Court of Appeal has ruled that it was direct associative discrimination on the grounds of sexual orientation for a bakery to


UK: Headscarf bans - conflicting opinions from EU Advocate-Generals create uncertainty
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • September 14 2016

Our last e-bulletin reported the controversial opinion of the Advocate-General in Achbita v G4S Secure Solutions that a ban on all visible signs of


UK: Tax on termination payments: injury to feelings payments are taxable
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 9 2016

The Upper Tribunal has ruled that a payment in respect of injury to feelings due to a discriminatory dismissal is taxable in the same way as other


UK: Disability discrimination: cases highlight recruitment risks for employers in relation to references and interview
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 18 2015

Where a prospective employer receives an unsatisfactory reference about an applicant's suitability for a role, in circumstances where they have been


Disability discrimination: duty to make reasonable adjustments to attendance management policy
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 18 2015

Employers should take particular care when applying an attendance management policy to disabled employees. Overruling previous EAT authority (see our