“Brexit” – implications for employment law

With the IN/OUT referendum looming, the possibility of a “Brexit” is more present than ever. What would the implications of a “Brexit” be for UK employment law? EU law pervades practically every area of UK employment law. It could potentially… Read on

Was dress code banning Muslim headscarf legal?

The European Court of Justice has given a judgment in a case where a Muslim employee was barred from wearing her head dress by G4S. How did the Advocate General decide? Background The Equal Treatment Framework Directive (which underlies equality… Read on

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on

Holiday pay should include commission

Should the statutory holiday pay include an element for commission, even though this is not allowed under the Employment Rights Act 1996? Yes, according to the European Court of Justice, in the case of Lock-v- British Gas. Background In this… Read on

Do surrogate parents have rights?

Do the receiving parents of a surrogate child have any right to maternity leave? No, according to the Court of Justice of the European Union, in a recent decision (CD V ST). Background The claimant and her partner had a… Read on

Freedom to choose own lawyer under an insurance policy

On 7 November 2013, the European Court of Justice decided that an insurer cannot make an employee’s freedom to choose his/her own lawyer in legal proceedings conditional upon the insurer first deciding that the case should be handled by an… Read on

Manifestation of religious belief in the workplace

Following important guidance from the European Court of Human Rights on the extent to which religious observance in the workplace is protected, the UK Equality and Human Rights Commission (EHRC) has issued guidance for employers. In the case of Eweida Read on

No need to request holiday for sickness refund

The European Court has already decided that where an employee has booked holiday, but then falls sick, they are entitled to claim back that holiday. Some large employers already permit this, but most don’t. A further recent decision will impact… Read on

The end of cycle to work schemes and the like?

A recent decision of the European Court has been heralded as the end of salary sacrifice schemes. We don’t think it will be that drastic. What the decision (against AstraZeneca) says, is that businesses cannot reclaim VAT on retail vouchers… Read on