The European Court of Human Rights has handed down its long awaited decision in four joined cases on religious discrimination in the workplace. The Court reached two opposite conclusions on similar facts relating to the right to wear religious symbols at work; and has also looked at balancing competing rights to religious freedom and equality of sexual orientation. Sarah Michael explains more.
One problem we never have at BB Towers is finding content for our monthly update, and this month is no exception. The Government has been busy publishing details of a major reforms to the TUPE Regulations; the Public Sector Equality Duty is set to change and new guidance is published; the latest employment tribunal statistics are out; and the Court of Appeal has handed down an important decision on discrimination compensation. We also have details of our series of client seminars on ‘lessons learned’ from the Mid Staffordshire Public Inquiry by Robert Francis QC, which is due to report on 6 February 2013.
Whistleblowing was a key theme that emerged during evidence presented to the Inquiry; and the circumstances and environment in which staff can effectively raise concerns without fear of reprisals or criticism (whether real or imagined) is of central importance not only throughout the NHS, but for all healthcare providers.
Welcome to our December 2012 edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:
- The law of unintended consequences: TUPE service provision changes
- If I've told you once, I've told you twice....a misconduct update
- Employment news round-up, December 2012
This month, the plums in our Christmas employment news pudding are: ‘law in a cold climate’ (dealing with severe weather related absence); next year’s statutory payment rates and limits; DH guidance on staff transfers; and an update on the review of the Public Sector Equality Duties. And Stop Press - Government announces reduced collective redundancy consultation period. Sarah Maddock reports.
John Moore reports on two recent decisions which provide useful, practical points on dealing with misconduct dismissals.
What happens if an outsourced contract expires and is brought back in-house to be run as a skeleton service, pending a new contractor being appointed to take over the outsourced contract? Would this amount to a ‘service provision change’ under TUPE, despite the fact that the client had never intended to run the service itself? Sarah Lamont considers this question in the light of a recent decision from the Employment Appeal Tribunal.
Robert Francis QC’s report into the Mid Staffordshire NHS Foundation Trust Public Inquiry ('the Inquiry') is due to be issued to the Secretary of State in January 2013. The features of good governance which will emerge from the Inquiry are likely to provide valuable learning beyond the NHS and across the entire health and social care sector.
Welcome to our November edition of Employment Eye with the latest on employment law developments. In this issue we cover the following topics:
- Political opinion as reason to dismiss
- A mineshaft and a legal minefield: the TUPE ‘one-off event’ exemption
- Employment news round-up, November 2012
In relation to an employee who was dismissed because he was elected a local councilor for the BNP, the European Court of Human Rights has decided that the UK Government has broken the European Convention on Human Rights, because there of the lack of protection under UK law for employees dismissed on the grounds of their political beliefs or affiliation. This case is important for both private and public sector employers; but has a more immediate impact on public sector employers, because of the potential for public sector employees to bring claims under the Human Rights Act. Anne Palmer reports.