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Results: 1-10 of 367

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


Australia: WHS Discrimination - A Question of Fact
  • Herbert Smith Freehills LLP
  • Australia
  • May 8 2017

A recent decision of the Victorian Supreme Court of Appeal has considered the 'prohibition against discrimination' offence provisions in 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


Hong Kong: damages for injury to feelings and exemplary damages
  • Herbert Smith Freehills LLP
  • Hong Kong
  • February 28 2017

As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a


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


Brexit: Employment
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • February 16 2017

The UK vote to leave the EU will lead to considerable uncertainty in the long term from an employment law perspective, because key areas of


Brexit: Pensions
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • February 16 2017

The EU regulatory framework currently impacts on UK pension schemes in a number of ways


Australia: Dismissal for criminal convictions - The importance of proper identification of inherent requirements and considering mitigating factors
  • Herbert Smith Freehills LLP
  • Australia
  • February 8 2017

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal


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